FOR IP PROFESSIONALS

BSBIPR401A - Use and respect copyright

Nominal hours

50

Unit descriptor

This unit describes the performance outcomes, skills and knowledge required to protect and use original works with copyright. It covers preventing the unauthorised use of an original work, maintaining control over the copyright owners work and avoiding the infringement of copyright when using other party's works.

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

Employability skills

This unit contains employability skills.

Prerequisite units

There a no prerequisite units.

Co-requisite units

There are no co-requisite units.

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 other copyright owners.These people may work in a wide range of industry and business contexts.

Elements and Performance Criteria

Elements describe the essential outcomes of a unit competency. Performance criteria describes 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 1: Identify extent of protection for original works under copyright.

Performance Criteria:

  1. Research copyright and its application to original works.
  2. Identify legislative requirements governing copyright.
  3. Identify other forms of IP and the difference between them and copyright.
  4. Determine the copyright owner of original works within or used by the organisation.
  5. Research the rights of the copyright owner including moral rights
  6. Determine whether a copyright notice is required.
  7. Identify sources of information and advice regarding issues.

Element 2: Ensure that copyright protection and use of original works is effective.

Performance Criteria:

  1. Identify material within the organisation that may attract copyright.
  2. Identify or create policies and procedures to ensure that own and other's original works are protected against direct or indirect infringement of copyright.
  3. Implement policies and procedures to protect the organisation's copyright, including the legitimate use of own copyright material by others.
  4. Provide advice to relevant personnel about copyright protection and its implications for the organisations and individuals.
  5. Evaluate and make recommendations for the commercialisation potential of copyright material.
  6. Research issues that need to be considered when licencing or selling copyright rights including the use of copyright collection societies.

Element 3: Monitor policies and procedures for copyright compliance.

Performance Criteria:

  1. Monitor policies and procedures to ensure that the organisation's copyright is respected locally and internationally.
  2. Create and maintain documentation in relation to copyright agreements where established.
  3. Implement procedures to deter infringers of organisation's copyright and/or encourage the proper use of the organisation's copyright.
  4. Make recommendations to appropriate personnel when real or potential infringements of organisation's copyright may require further action.

Element 4: Monitor policies and procedures for legitimate use of other's copyright.

Performance Criteria:

  1. Research when permission is needed and the processes to use copyright material belonging to others.
  2. Advise appropriate personnel about restrictions on and licencing requirements for the use of others copyright material and implementing training if required.
  3. Monitor policies and procedures to ensure the legitimate and effect use of others copyright material to benefit the organisation.
  4. Monitor the organisational use of others copyright material to reduce the risk of infringement.
  5. Take action to minimise damage according to organisation's policies and procedures if infringement of others copyright material occurs.

Required Skills and Knowledge

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

Required skills

  • Research skills to identify a range of issues and information relating to copyright ownership and use.
  • Organisational skills to create and maintain policies and procedures.
  • Communication skills to provide relevant advice to others about copyright protection.
  • Problem solving skills to monitor copyright policies and procedures and make recommendations for action if required.
  • Technology and research skills to research copyright information.

Required knowledge

  • Principle features of legislative framework for copyright and its application to the organisation:
    • Australia - Copyright Act 1968 and Design Act 2003.
    • Internationally - WIPO Berne Convention, WTO TRIPS Agreement and USA Copyright law and its impact on Australia via USFTA.
  • What works are protected by copyright and how long copyright lasts.
  • Rights of copyright owners.
  • Sources of information and advice on copyright.
  • Methods for preventing unauthorised use of copyright material and action to take if infringement of copyright occurs.
  • When a copyright clearance is needed and how to obtain it.
  • Open source copyright licences such as creative commons, AEShareNet, NEALS, GPL and other similar licences for copyright material.
  • Impact of the internet on copyright.
  • Licencing and the role of collecting societies.

Range Statement

The range statement relates to the unit of the competency as a whole.

Copyright refers to:

  • The protection of the original expression of ideas, from copying and certain other uses, but not the ideas themselves. It refers to a large range of works including:
    • works of art and design, and graphic representations for example drawings, maps, community art, and cultural proper
    • literature and other written material for example reports, manuals or guides
    • music for example tunes, lyrics
    • sound recordings
    • films and other moving images
    • drama and dance
    • broadcasts
    • computer programs, software and games
    • online or digital content.

Legislative requirements may include:

  • Copyright Act 1968

Other forms of IP include:

  • trade marks
  • designs
  • patents

Copyright owner may be the:

  • creator of the work
  • employer where the employee creates a work in the course of employment as part of their usual duties, or is contracted to create the work for the employer.
  • person whom copyright has been assigned.
  • person who arranged for a film or sound recording to be made.
  • person who commissioned design work on a commercial basis.
  • State, Territory or Federal Government for material created under their direction or control.

Note: There could be more than one owner of copyright.

Rights of the copyright owner may include:

  • the personal legal rights of individual creators in the copyright works they have created, which is separate from the economic rights of the copyright owner and may be held by different people rights of the creator to:
    • be attributed
    • not to have their work falsely attributed
    • not to have their works treated in a derogatory way

Moral rights refer to:

  • the personal legal rights of individual creators in the copyright works they have created, which is separate from the economic rights of the copyright owner and may be held by different people rights of the creator to:
    • be attributed.
    • not have their work falsely attributed.
    • not have their works treated in a derogatory way.

Copyright notice may refer to:

  • the copyright symbol ©, name of the copyright owner, year of creation or first publication

Note: different rights attach to different types of copyright and the term of copyright may also differ

Sources of information and advice may include:

  • IP Australia
  • The Attorney-General's Department
  • The Australian Copyright Council
  • State and Commonwealth Government agencies
  • lawyers specialising in IP
  • Trade Mark Attorneys and Patent Attorneys
  • Accountants
  • Business Advisors
  • Marketing Consultants
  • Branding Consultants
  • copyright collecting societies, for example CAL, PPCA, MIPI, APRA, AMCOS
  • publications
  • the internet
  • databases for example local and international trade mark data bases.

Policies and procedures may relate to:

  • information technology and computer usage
  • computer security measures
  • employment contracts, including responsibility for IP
  • confidentiality agreements within the organisation or among people who may need to know about the copyright material, so as to keep the copyright secret prior to commercialisation.

Direct infringement of copyright may include:

  • when a person, without the copyright owners permission:
    • reproduces the work (or a substantial portion thereof) in a material form
    • publishes the work
    • communicated the work in public
    • in the case of literary, dramatic and musical works - performs the work in public
    • adapts the work.

Indirect infringement of copyright may include:

  • when a person authorises or facilitates another person to infringe copyright, including through 'inactivity' or 'indifference'
  • when a person, without the copyright owners permission, imports certain articles into Australia for example to sell distribute, exhibit, hire, when the article if made in Australia would have been an infringement of copyright.

Implications may include:

  • legal and economic implications of not complying with copyright legislation.
  • legal and economic implications of others infringing the individual or organisation's copyright.

Commercialisation potential could include:

  • licencing or transferring use of original works
  • profiting from the sale of the original work
  • developing a product or creative work under a government grant or other funding source and taking it to a commercial product stage

Copyright collection societies refer to:

  • societies that licence, collect and distribute royalties on behalf of the copyright owners they represent.

Locally refers to:

  • copyright protection within Australia, under the Copyright Act 1968, exists automatically when something is written down or recorded (provided other requirements are met).

Internationally refers to:

  • copyright protection in other countries, which is protected by national laws of each country and usually based on international conventions.

Procedures to deter may include:

  • making sure there is a copyright notice on all work
  • a statement on works outlining preferred licencing agreements
  • access codes in software
  • encrypting
  • express agreements on copyright ownership, particularly when work is outsources.

Further action could include:

  • seeking legal advice contacting publisher if the work is published
  • civil actions including informal negotiations, including letters of cease and desist
  • court order including:
    • order to seize infringing goods
    • injunctions
    • monetary damages/compensation.

Restrictions may include:

  • not using other's copyright material without authorisation from the copy right owner. Note: there are some limited exceptions:
    • fair dealing for the specific purpose of research or study. criticism or review and news reporting
    • reproduction of computer programs for example in the technical processes of running the program, for back-up copy, to correct copying industrial products.

Evidence Guide

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 following is essential:

  • identification of issues for the use, management and protection of original works with copyright
  • implementation of policies and procedures for the management, use and protection of original works with copyright and legitimate use of others original material

Context of specific resources for assessment.

Assessment must ensure:

  • access to relevant information on the individual or organisations copyright requirements and procedures
  • access to reliable and appropriate explanatory material and guidelines
  • access to appropriate computer resources for establishment and maintenance of policies and procedures

Method of assessment.

A range of assessment methods should be used to assess practical skills and knowledge, such as:

  • direct questioning combined with review of a portfolio of evidence
  • oral or written questioning to assess knowledge of copyright and its implications for the organisation
  • development of action plans for implementation of copyright policies and procedures, as well as commercialisation of original works
  • analysis of case studies around copyright issues with recommendations for action

Guidance information for assessment.

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

  • other units from BSB07 including other units relating to IP
  • design units

Last Updated: 15/9/2012

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