Modification History
Not applicable.
Unit Descriptor
Unit descriptor |
This unit describes the performance outcomes, skills and knowledge required to use and respect copyright. It covers maintaining control over the copyright owner's work, commercialising copyright material, preventing the unauthorised use of an original work, and using other party's original work legitimately. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement. |
Application of the Unit
Application of the unit |
This unit applies to people who may be authors, creators or other owners of works covered by copyright. It also applies to employees who have a role in ensuring that their organisation's copyright is protected and/or that their organisation uses others' copyright appropriately to benefit the organisation without infringing the rights of copyright owners. These people may work in a wide range of industry and business contexts. |
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Prerequisite units |
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Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Identify extent of copyright protection for original works |
1.1. Research copyright and its application to original works 1.2. Identify legislative requirements governing copyright 1.3. Determine the copyright owner of original works within or used by the organisation 1.4. Research the rights of the copyright owner , including moral rights 1.5. Determine whether a copyright notice is required 1.6. Identify sources of information and advice regarding copyright issues and use copyright professionals where required |
2. Ensure that copyright protection is effective when using original works |
2.1. Identify material within the organisation that may attract copyright 2.2. Identify and review organisation policies and procedures to ensure that own and others' original works are protected against direct or indirect infringement of copyright 2.3. Implement policies and procedures to protect the organisation's copyright, recognising exceptions that allow the legitimate use of own copyright material by others 2.4. Provide advice to relevant personnel about the legal and economic implications of copyright infringement 2.5. Evaluate and make recommendations for the commercialisation potential of copyright material 2.6. Research issues that need to be considered when licensing or selling copyright rights, including the use of copyright collection societies |
3. Monitor policies and procedures for use of own copyright materials by other parties |
3.1. Monitor policies and procedures to ensure that the organisation's copyright is respected locally and internationally 3.2. Create and maintain documentation in relation to copyright agreements where established 3.3. Implement procedures to limit or deter infringement of organisation's copyright and/or encourage the proper use of the organisation's copyright 3.4. Make recommendations to appropriate personnel when real or potential infringements of organisation's copyright may require further action |
4. Monitor policies and procedures for legitimate use of others' copyright materials |
4.1. Research when permission is needed to use copyright material belonging to others 4.2. Advise appropriate personnel about restrictions on and licensing requirements for the use of others' copyright material, and implement training if required 4.3. Advise appropriate personnel of legislative exceptions that allow use of copyright material without permission 4.4. Monitor policies and procedures covering organisational use of others' copyright material to ensure it is to the benefit of the organisation 4.5. Monitor organisational use of others' copyright material to reduce the risk of infringement 4.6. Take action to minimise damage if infringement of others' copyright material occurs |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the skills and knowledge required for this unit. |
Required skills |
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Required knowledge |
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Evidence Guide
EVIDENCE GUIDE |
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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. |
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Overview of assessment |
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Critical aspects for assessment and evidence required to demonstrate competency in this unit |
Evidence of the following is essential:
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Context of and specific resources for assessment |
Assessment must ensure:
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Method of assessment |
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
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Guidance information for assessment |
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
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Range Statement
RANGE STATEMENT |
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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. |
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Copyright refers to: |
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Legislative requirements may include: |
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Copyright owner may be: |
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Rights of the copyright owner may include: |
(For example license to use computer software programs - specialist legal advice should be obtained) Note: different rights attach to different types of copyright and the term of copyright may also differ |
Moral rights : |
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Copyright notice may refer to: |
Note: a copyright notice is not required to obtain copyright protection in Australia, but is recommended to clearly indicate to others that the work is protected and to identify the copyright owner |
Sources of information and advice may include: |
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Policies and procedures may relate to: |
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Direct infringement of copyright may include: |
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Indirect infringement of copyright may include: |
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Implications of copyright infringement may include: |
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Commercialisation potential could include: |
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Copyright collection societies refer to: |
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Locally refers to: |
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Internationally refers to: |
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Procedures to limit or deter infringement may include: |
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Further action could include: |
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Restrictions may include: |
Note: there are some limited exceptions:
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Unit Sector(s)
Unit sector |
Competency field
Competency field |
Regulation, Licensing and Risk - Intellectual Property |
Co-requisite units
Co-requisite units |
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