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Elements and Performance Criteria

  1. Maintain currency of knowledge of rights of parties to recording contracts
  2. Establish contracts
  3. Finalise and monitor contracts

Required Skills

Required skills

research skills sufficient to access relevant contractuallegal 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

problemsolving skills sufficient to clarify and resolve contractual discrepancies and variations

technical skills sufficient to

download contractual and legal information

use standard wordprocessing software

Required knowledge

common terminology features and requirements of contractual arrangements

relevant federal and stateterritory legislation as it applies to recording contracts including

accuracyand clarity of information

antidiscrimination 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 performingrecording industry

typical features and requirements of recording contracts

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

Evidence Required

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

problemsolving 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

BSBPURB Negotiate contracts

BSBPUR402B Negotiate contracts

CUFCMPA Manage and exploit copyright arrangements

CUFCMP501A Manage and exploit copyright arrangements

CUSMGTA Manage distribution of music and associated products

CUSMGT401A Manage distribution of music and associated products

CUSMGTA Administer artists royalty income

CUSMGT404A Administer artists' royalty income

CUSMGTA Manage artists and their careers

CUSMGT502A Manage artists and their careers

CUSMGTA Develop artists and repertoire

CUSMGT503A Develop artists and repertoire.


Range Statement

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.