Unit of competency details

Release 

Comments 

Release 2

Created to fix formatting errors only.

Released with CUS09 Music Training Package version 1.2

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.

ELEMENT 

PERFORMANCE CRITERIA 

1. Maintain currency of knowledge of rights of parties to recording contracts

1.1 Access reliable sources of information  about the rights of performers  in recording deals 

1.2 Access reliable sources of information about the rights of parties  entering into recording deals with performers

1.3 Identify and participate in professional development activities  to consolidate music business knowledge

1.4 Participate in industry networks  to maintain currency of music business knowledge

2. Establish contracts

2.1 Clarify terms and conditions  of contract with all parties, ensuring all parties understand their contractual rights and obligations

2.2 Ensure contract complies with relevant legislative and regulatory requirements 

2.3 Draft contract using specialist legal advice as required and distribute to all parties for comment

2.4 Use effective negotiation techniques  to resolve any issues to the satisfaction of all parties

2.5 Adjust contract in light of advice received and reconfirm variations with all parties

2.6 Seek agreement from all parties to sign contract

3. Finalise and monitor contracts

3.1 Conduct final check on terms and conditions of contract with all parties to ensure their observance

3.2 Ensure contract is signed, exchanged between all parties and appropriately stored and safeguarded

3.3 Monitor performance against/observance of contractual terms and conditions by all parties

3.4 Enforce compliance and provide recommendations for contractual variations as required

3.5 Ensure changes to contracts are negotiated with and agreed to by all parties

This section describes the skills and knowledge required for this unit.

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 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.

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.