Student Name
Student Number
Unit Code/s & Name/sBSBINS503 Monitor compliance with copyright and licence requirementsCluster Name
If applicableN/AAssessment Type☐ Case Study ☐ Assignment ☒ Project ☐ Other (specify)Assessment NameWrittenAssessment Task No.1 of 4Assessment Due Date
Date Submitted/ /Assessor Name
Student Declaration: I declare that this assessment is my own work. Any ideas and comments made by other people have been acknowledged as references. I understand that if this statement is found to be false, it will be regarded as misconduct and will be subject to disciplinary action as outlined in the TAFE Queensland Student Rules. I understand that by emailing or submitting this assessment electronically, I agree to this Declaration in lieu of a written signature.Student Signature
Date/ /PRIVACY DISCLAIMER: TAFE Queensland is collecting your personal information for assessment purposes. The information will only be accessed by authorised employees of TAFE Queensland. Some of this information may be given to the Australian Skills Quality Authority (ASQA) or its successor and/or TAFE Queensland for audit and/or reporting purposes. Your information will not be given to any other person or agency unless you have given us written permission or we are required by law.
Instructions to StudentGeneral Instructions: This task requires to demonstrate your knowledge about copyright and licence requirements for collections held by your library or a library you have access to.
Assessment Conditions:
Time Allowed: This task is to be submitted by the due dates advised in the Unit Study Guide. If a student requires an extension, then they must negotiate this with their assessor prior to the due date.
Level of Assistance Permitted (If Any): This is an open book assessment task. All work must be your own. Students may: refer to learning resources, workplace and/or research further information ask the Assessor clarifying questions access the services of Studiosity to assist in interpreting questions or proof-reading text be referred to learning support for additional assistance. Students must seek any required assistance, reasonable adjustment or negotiate extensions with Assessor prior to due date.
Location: This assessment is to be completed in a workplace or a simulated workplace including the classroom or home office environment.
Materials to be Supplied: For this assessment, learners will need access to: Internet, device and word processing software (can be accessed through TAFE campuses and facilities) Access to Connect and associated learning resources Appendices: Appendix A – Monitoring compliance with copyright legislation Appendix B – Monitoring licence agreements Appendix C – Assessing risks about donated and culturally sensitive material Appendix D – TAFE Queensland library Copyright and Licencing Policy. Assessment Criteria: To achieve a satisfactory result, your assessor will be looking for your ability to demonstrate the following key skills/tasks/knowledge to an acceptable industry standard: All tasks have been completed in full and have been completed to a satisfactory standard. Demonstrated knowledge and skills required to: monitor compliance with copyright legislation monitor licence agreements assess risks associated with donated and culturally sensitive material. Work, Health and Safety: Follow TAFE Queensland Student Rules. Access TAFE Queensland Student Services for any additional support. Conduct risk assessments prior to any assessment task to ensure the safety of all participants and the environment. Ensure an ergonomically safe work environment to complete all assessment tasks. Number of Attempts: You will receive up to two (2) attempts at this assessment task. Should your 1st attempt be unsatisfactory (U), your teacher will provide feedback and discuss the relevant sections / questions with you and will arrange a due date for the submission of your 2nd attempt. If your 2nd submission is unsatisfactory (U), or you fail to submit a 2nd attempt, you will receive an overall unsatisfactory result for this assessment task. Only one re-assessment attempt may be granted for each assessment task. For more information, refer to the Student Rules.Submission detailsPlease refer to Unit Study Guide for due date. Submission requirements: Review the Marking Criteria provided for this task to ensure you have evidenced all requirements. Follow the instructions in Connect to submit your assessment, demonstrating your ability to: Follow organisational procedures for file naming, management and storage. Use business technology. Communicate professionally using appropriate terminology / language. Organise and present information professionally e.g. relevant documents / templates, formatting, grammar and spelling. Complete tasks in a timely manner.
Assessment to be submitted via: TAFE Queensland Learning Management System: Connect https://connect.tafeqld.edu.au/d2l/login Username; 9-digit student number For Password: Reset password go to https://passwordreset.tafeqld.edu.au/default.aspx>Instructions for the AssessorThe students will demonstrate the skills and knowledge required to: monitor compliance with copyright legislation monitor licence agreements assess risks associated with donated and culturally sensitive material. Assessors are to: confirm expectations as detailed in ‘Instructions to Student’ have been followed and met provide feedback on all assessment attempts and identify additional learning and/or practice required by the student before their second attempt use the Marking Criteria to record their assessment and feedback negotiate to complete assessment tasks and/or resubmissions verbally, where the opportunity presents: scribe the student’s response verbatim on the assessment task/marking criteria, and note the questions verbally addressed on the coversheet initial and date additional comments.Note to StudentAn overview of all Assessment Tasks relevant to this unit is located in the Unit Study Guide.
This assessment task is to be completed based on your workplace, a library you have access to or TAFE Queensland’s library. If you are basing your responses on the practices of your own workplace, you are required to provide a copy of your workplace’s own copyright policies and procedures and licencing agreements as evidence with your submission.
Instructions to Students:
For this assessment, you are required to:
demonstrate your knowledge of the library’s compliance with copyright legislation
monitor licences for digital rights management
assess risks to the library associated with donated and culturally sensitive material.
explain the identified copyright and licence risks for accepting donations and culturally sensitive material.
To complete this assessment, you are to read and follow the instructions for each step below:
Step 1: Monitoring compliance with copyright legislation
Complete Appendix A: Monitoring compliance with copyright legislation
Using the template provided:
Research information sources you can access to keep up to date on copyright information relevant to your library.
Review and monitor your workplace processes to ensure they are consistent with copyright obligations and organisational policies and procedures (Appendix D).
Identify any gaps or shortfalls in your library’s current work processes regarding compliance with copyright legislation.
Identify sources of specialist advice about copyright legislation.
Outline the legislative obligations and the implications of copyright infringement.
Step 2: Monitoring licence agreements
Complete Appendix B: Monitoring licence agreements
Using the template provided:
Identify materials within organisations that require licences.
Research organisational protocols regarding licences and implications for digital rights management (Appendix D).
Source information regarding licence agreements between own organisation and vendors of electronic resources.
Step 3: Assessing risks about donated and culturally sensitive material
Complete Appendix C: Assessing risks about donated and culturally sensitive material
Using the template provided:
Use organisational procedures for accepting donations and culturally sensitive material and confirm consistency with organisational policies and procedures.
Identify copyright and licence risks associated with these practices.
Appendix A: Monitoring compliance with copyright legislation
Use this template to prepare to present and convey information and instruction to your team.
What laws and regulations govern copyright and licencing in Australia?
List the sources of information and advice on copyright that you can research that will assist you to keep abreast of changes.
What policies, protocols and procedures does your library have in place to ensure you and your team members comply with copyright legislation?
For the policy or procedure mentioned above, what would you do if a new issue arose concerning copyright concerns and you needed to seek further information on your responsibilities to ensure you weren’t putting your library at risk of being non-compliant? Where would you get this information?
Briefly describe the rights of copyright owners, including digital rights management.
Describe your library’s legislative obligations and the implications of copyright infringement. You may also refer to the TAFE Queensland library’s Copyright and Licencing Policy (Appendix D).
Appendix B: Monitoring licence agreements
Use this template to prepare to present and convey information and instruction to your team.
What kind of licence is required to have the TV on in your library in a public or workspace?
What tasks do you perform in your library, or what services do you provide where a licence is required?
For each service, name the appropriate collecting society and briefly describe their roles.
Describe the features of open-source copyright licences and provide an example.
What are your library’s protocols for managing licences for digital resources?
What are the implications if digital rights are not managed properly?
What are the responsibilities of library users and team members regarding licence and digital rights management?
Appendix C: Assessing risks about donated and culturally sensitive material
Use this template to prepare to present and convey information and instruction to your team.
Describe your library’s procedures for accepting donations and culturally sensitive material. You may also use the TAFE Queensland library’s practices as the basis for your answer.
What are the copyright and licencing risks associated with donated and culturally sensitive material?
Does the Copyright Act contain special provisions that apply to indigenous works? Give a reason for your answer.
Appendix D – TAFE Queensland library Copyright and Licencing Policy
Copyright and Licencing Policy
Policy
This document provides the TAFE Queensland library with a policy position for the management of intellectual property, copyright, and licencing practices.
This policy aims to ensure that the TAFE Queensland library actively protects its intellectual property (IP) as a valued asset and uses third-party IP in accordance with the Copyright Act 1968 (Cth).
Policy Principles:
The TAFE Queensland library is committed to the following principles for the management of IP:
Principle 1: The TAFE Queensland library will manage its IP in an effective, efficient and economical manner.
Principle 2: The TAFE Queensland library will use third-party IP in accordance with the Copyright Act 1968 (Cth) and any existing licences or other agreements it is subject to or has the benefit of and will seek licences from third parties to use their IP in a transparent and ethical way consistent with the needs of The TAFE Queensland library.
Principle 3: The TAFE Queensland library will have a consistent organisation-wide approach to licencing material from third parties. Licences, memberships, and subscriptions will be entered into to meet with the needs of The TAFE Queensland library.
Accountability:
The Library Director is accountable for ensuring the management and maintenance of this policy, including ensuring its continued appropriateness to the library operation, compliance with legislation and external requirements, and periodic review.
Identification and Recording Ownership of Intellectual Property:
The TAFE Queensland library will actively work to ensure the identification, ownership and protection of its IP.
IP Licences and permission that are related to teaching (accredited and non-accredited courses, teaching and learning resources) will be managed by the TAFE Queensland library network and recorded in Resourcebank.
All other forms of significant IP (such as business names, patents, logo, trademarks and designs) will also be identified and recorded in an IP Register administered by Legal Services.
Significant IP will be managed from the time of its creation through to the date of its expiry or disposal.
Assessing and Valuing Intellectual Property:
The Library Director must be contacted for further advice and assistance in undertaking quantitative valuation of IP and/or the classification of IP as a financial asset.
Licence Agreements:
The TAFE Queensland library only uses third-party IP for which is has been able to obtain a licence (including a Creative Commons licence or any similar form of licence that grants a sufficient level of permission without the need to directly apply to the copyright holder), subscription, or has otherwise received written permission for, and will only use this material within the boundaries provided. The TAFE Queensland library will take reasonable steps to respect the moral rights of creators.
Where the TAFE Queensland library or third parties label material with a Creative Commons Licence, then that material must be used in accordance with the relevant licence conditions.
The TAFE Queensland library has an agreement with declared collecting societies (Screenrights and Copyright Agency Limited [CAL]) for the use of content under the Statutory Licences of the Copyright Act, Part VA (Statutory Broadcast Licence) and Part VB (Statutory Text and Artistic Licence).
Within current agreements with Screenrights, the TAFE Queensland library as an educational organisation can copy and communicate podcasts and webcasts which originated as television and radio broadcasts and which are available on the broadcaster’s website.
Within current agreements with CAL, the TAFE Queensland library staff can copy and communicate print and artistic works for the purpose of education within the allowable statutory licence limits.
Licences and permissions are obtained through a centralised process that sits with the Copyright and Licencing Team in the TAFE Queensland library.
Licences, subscriptions and memberships will be entered into only if they conform to the TAFE Queensland library policy, fit within our product strategy and meet our privacy and data security requirements.
Licences for the use of third-party IP will be approved and signed by the Library Director.
All licences and permissions relating to teaching and learning resources will be stored in Resourcebank and integrated into the materials within which they are used.
The TAFE Queensland library can use text and images in accordance with the Copyright Act 1968 (Cth) (Section 113P Statutory Text and Artistic Licence), and the agreement negotiated between the National Copyright Unit and the Copyright Agency Ltd.
Authorisation Liability:
At all points that students have access to the TAFE Queensland library equipment that gives them the potential to breach the Copyright Act 1968 (Cth), the TAFE Queensland library will ensure that students using this equipment are presented with information that details what they can legally reproduce under the Copyright Act 1968 (Cth).
Safe Harbour Provisions:
The TAFE Queensland library utilises the Safe Harbour Provisions in the Copyright Act 1968 (Cth) to protect itself from the risk of copyright breaches by students and visitors using the TAFE Queensland library IT systems and networks.
Licencing and Commercialisation:
All written agreements, licencing or commercialisation of IP must be for the benefit of the TAFE Queensland library.
For licencing and commercialisation of significant IP managed by the TAFE Queensland library, the Library Director must submit a business case to the Product Management Authority for review and endorsement and seek final approval from TAFE Queensland CEO.
For licencing or commercialisation of significant IP managed specifically by the TAFE Queensland library (e.g., IP created by students and managed jointly by the TAFE Queensland library and the student by agreement) the Library Director will provide final approval.
For all other TAFE Queensland library IP (including business names, patents, trademarks or IP created under a contract) a business case must be submitted to the Library Director for review and endorsement, and final approval from the TAFE Queensland CEO.
The use of some third-party websites and software require or involve the licencing of TAFE Queensland library IP to function. Approval of such a licence will be part of an overall assessment of the appropriateness of product.
Disputes, Breaches, and Misconduct:
Immediate action must be taken to resolve any issues which come to light during any of the IP stages above, including protection of any significant IP not currently protected, for example patents and trademarks or IP created under contract.
Any staff or student IP related issues will be managed by the Library Director and referred to the Chief Academic Officer in cases where resolution cannot be achieved.
Any suspected or alleged dispute, breach, infringement, misconduct, conflict of interest or misuse that relates to IP or the use of the TAFE Queensland library’s IP by an external organisation must be referred to the Library Director and the Chief Academic Officer immediately.
Where an allegation is made that the TAFE Queensland library has infringed IP rights, the Library Director must be contacted immediately.
Where appropriate, the Library Director and Chief Academic Officer will seek legal advice as soon as any suspected infringement of the TAFE Queensland library’s IP is discovered and take such action as is reasonably necessary to protect the TAFE Queensland library’s interest.
Responsibilities:
All employees
Avoid infringing the IP rights or moral rights of others.
Use, to the maximum extent possible, third-party materials that have a Creative Commons or similar open licence to:
minimise the costs of seeking permission and managing third-party licences
reduce costs of statutory licences for copying in schools and within the department
support the creation of Open Education Resources
Ensure that copying or adaptation of third-party materials is either permitted or permission has been obtained.
Ensure all third-party materials in departmental publications are attributed and adhere to any licence conditions.
Maintain appropriate records of copyright materials created, used or procured.
Decide if material which cannot be released under a Creative Commons licence should be excluded from use and make this clear in any copyright statement.
Obtain written permission from the Library Director.
123 TMP E – Assessment Template – Written v1.5 (04/11/2020)
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