Assessor Resource

CUSPUR501A
Establish and manage recording contracts

Assessment tool

Version 1.0
Issue Date: May 2024


Artist and repertoire (A&R) managers in record companies and artist managers typically apply the skills and knowledge described in this unit. They are responsible for negotiating the terms and conditions of contracts with artists to record their performances and for liaising with legal representatives to finalise contracts. A thorough understanding of the rights of all parties to recording contracts is essential.

This unit describes the performance outcomes, skills and knowledge required to negotiate and enter into recording contracts and to monitor compliance with contract conditions.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to:

establish and manage contracts

monitor contractual compliance with legislative and regulatory requirements

work cooperatively with all parties to contracts.

Context of and specific resources for assessment

Assessment must ensure:

access to:

appropriate technology to obtain contractual and legal information

clients and financiers

relevant legislative and regulatory material regarding contractual arrangements

use of culturally appropriate processes, and techniques appropriate to the language and literacy capacity of the candidate and the work being performed.

Method of assessment

The following assessment methods are appropriate for this unit:

case studies to assess ability to interpret relevant federal, state and territory legislation

direct observation of candidate establishing and managing contracts

written or oral questioning to assess knowledge as listed in the required knowledge section of this unit

problem-solving activities to assess ability to resolve contractual discrepancies and variations.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

BSBPUR402B Negotiate contracts

CUFCMP501A Manage and exploit copyright arrangements

CUSMGT401A Manage distribution of music and associated products

CUSMGT404A Administer artists' royalty income

CUSMGT502A Manage artists and their careers

CUSMGT503A Develop artists and repertoire.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

research skills sufficient to access relevant contractual/legal information

literacy skills sufficient to:

draft and finalise contracts

interpret contractual documentation

numeracy skills sufficient to negotiate financial agreements

communication skills sufficient to negotiate contractual terms and conditions

planning and organisational skills sufficient to:

develop strategies for achieving contractual outcomes

monitor observance of contractual terms and conditions

learning skills sufficient to maintain currency of knowledge of music business trends

problem-solving skills sufficient to clarify and resolve contractual discrepancies and variations

technical skills sufficient to:

download contractual and legal information

use standard word-processing software

Required knowledge

common terminology, features and requirements of contractual arrangements

relevant federal and state/territory legislation as it applies to recording contracts, including:

accuracyand clarity of information

anti-discrimination, equal employment opportunity and affirmative action

copyright and intellectual property

industrial relations, including relevant awards and agreements

OHS

privacy and confidentiality

terms and conditions of employment

revenue structure of the performing/recording industry

typical features and requirements of recording contracts

issues and challenges that typically arise in the context of establishing and managing recording contracts

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Sources of information may include:

Arts Law Centre of Australia

Media Entertainment and Arts Alliance

Musicians Union of Australia

Australasian Performing Rights Association (APRA)

Australasian Mechanical Copyright Owners Society (AMCOS)

Australian Recording Industry Association (ARIA)

Copyright Agency Limited (CAL)

Australian Copyright Council

Live Performance Australia

Music Council of Australia.

Rights of performers may relate to:

obtaining performers' permission to record

ownership of copyright in the recording, including joint ownership of copyright

moral rights

right of attribution

right against false attribution

right of integrity.

Recording deals may include:

audio and audiovisual recordings:

solo

band or group

360 degree deals, including for example:

live performances

tour earnings

recordings

merchandise

brand placement.

Parties may include:

record companies

concert promoters

tour companies.

Professional development activities may include:

conferences

master classes

seminars

symposiums

training programs

workshops.

Industry networks may include:

professional industry associations

legal advisers

advisory committees

government agencies

lobby groups

unions.

Terms and conditions may include:

royalties

royalty splits

advances

overseas income

allowances

artistic control and restrictions, including:

advertising

approval of test pressing

choice of producer and material to be recorded

copyright ownership

coupling and television compilations

cover art

packaging

image and likeness

editing, mixing, remixing and re-recording

promotional goods and endorsements

synchronisation uses

pay or play provisions, such as:

recording obligations

release commitment (domestic/foreign)

liquidated damages

termination rights

product commitment, such as:

amount

timetable for delivery

suspension

exclusivity

injunctive relief

promotional commitment and tour support

terms and territory

warranties and indemnities

accounting

bookkeeping

recordkeeping

credits

enforcement of rights

insurance

jurisdiction

obligation to exploit

partnerships

performance requirements

sick leave

unspecified amendments:

evolving styles and genres of artists

new and evolving technology

new levels of success for artists

unforeseen changes to recordings and performances

superannuation.

Legislative and regulatory requirements may include:

anti-discrimination

equal employment opportunity

affirmative action

industrial awards and agreements

copyright and intellectual property

OHS

terms and conditions of employment.

Effective negotiation techniques may include:

adopting collaborative negotiating style

assessing strengths and weaknesses of opposing positions and determining viable alternatives

clarifying purpose, content and desired outcomes

communicating results to all parties within appropriate timeframes

conducting negotiation in a professional manner

ensuring final position is agreed and understood by all parties

identifying consequences of non-agreements

maintaining contact with all parties

managing conflict/disagreement between parties

treating all parties courteously and in ways that acknowledge their contribution

using effective questioning techniques:

closed questions, allowing yes/no answers

open questions, allowing range of responses

reflective questions, provoking clarification.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Access reliable sources of information about the rights of performers in recording deals 
Access reliable sources of information about the rights of parties entering into recording deals with performers 
Identify and participate in professional development activities to consolidate music business knowledge 
Participate in industry networks to maintain currency of music business knowledge 
Clarify terms and conditions of contract with all parties, ensuring all parties understand their contractual rights and obligations 
Ensure contract complies with relevant legislative and regulatory requirements 
Draft contract using specialist legal advice as required and distribute to all parties for comment 
Use effective negotiation techniques to resolve any issues to the satisfaction of all parties 
Adjust contract in light of advice received and reconfirm variations with all parties 
Seek agreement from all parties to sign contract 
Conduct final check on terms and conditions of contract with all parties to ensure their observance 
Ensure contract is signed, exchanged between all parties and appropriately stored and safeguarded 
Monitor performance against/observance of contractual terms and conditions by all parties 
Enforce compliance and provide recommendations for contractual variations as required 
Ensure changes to contracts are negotiated with and agreed to by all parties 

Forms

Assessment Cover Sheet

CUSPUR501A - Establish and manage recording contracts
Assessment task 1: [title]

Student name:

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I declare that the assessment tasks submitted for this unit are my own work.

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Result: Competent Not yet competent

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Assessment Record Sheet

CUSPUR501A - Establish and manage recording contracts

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

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