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Work effectively in the creative arts industry - Coggle Diagram

- - - - negotiate terms of a contract
      - establish and maintain work and contractual relationships
      - comply with relevant regulations and organisational requirements
      - prioritise and complete work tasks, in collaboration with others in the creative arts industry.
- - - - key features of creative arts industry workplace practice including:
      - appropriate behaviour and ethics
      - nature, role and functions of unions and employer associations
      - rights and responsibilities of employers, employees and contractors
      - legal issues that affect negotiations and contracts
      - relevant workplace health and safety requirements
      - awards and conditions of employment
      - environmental obligations
    - - key features of copyright including;
      - purpose
      - method of enforcement
      - consequences of infringement
      - key features of a contract
      - basic structure
      - agreement process
      - reasonable terms and conditions of a contract
      - relationships between different sectors of the creative arts industry sector
      - terminology associated with the creative arts industry sector
      - key roles and responsibilities in the creative arts own industry sector
      - key sources of creative arts industry information
      - current and emerging technologies used in the creative arts industry sector
      - revenue streams through digital content
- - - - organisations that represent workers in a particular industry or profession.
  - - - work to protect the rights and interests of their members by negotiating with employers on issues such as wages, benefits, working conditions, and job security
      - resolve workplace issues by being a voice for employees and acting as a bargaining representative during workplace negotiations
      - looking into suspected breaches of:
        
        workplace laws
        
        discrimination laws
        
        workplace safety laws.
- - - - Copyright is a legal concept that grants the creator of an original work exclusive rights to that work, allowing them to control its use and distribution.
      - The purpose of copyright is to provide creators with an incentive to create new works by giving them the right to control the use and distribution of their creations, and to ensure that they are fairly compensated for their efforts.
      - The specific purposes of copyright law include:
      - Encouraging creativity and innovation
      - Protecting the rights of creators
      - Promoting access to knowledge and culture
      - Fostering economic growth
      - Encouraging creativity and innovation: Copyright law provides creators with a financial incentive to create new works by giving them the exclusive right to control the use and distribution of their creations.
        
        Protecting the rights of creators: Copyright law protects the rights of creators by giving them control over the use and distribution of their works, and by providing legal remedies for infringement.
        
        Promoting access to knowledge and culture: Copyright law seeks to balance the interests of creators with the interests of society as a whole, by allowing for the use of copyrighted works in certain circumstances, such as for research, criticism, or education.
        
        Fostering economic growth: Copyright law can promote economic growth by encouraging the development of new creative industries, such as the music, film, and software industries.
        
        copyright law plays an important role in promoting creativity, protecting the rights of creators, and fostering economic growth, while also balancing the interests of society as a whole.
        
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  - - - In Australia, copyright law is set out in the Copyright Act 1968 (the Act) and in various case law and decisions where courts have interpreted the Act.
      - The Act gives copyright owners the exclusive right to deal with their material in certain ways, including to reproduce it, to “communicate” it to the public (eg., by email distribution, or by making it available on a website); and to perform, screen or play certain types of copyright material “in public”.
      - Note: A copyright owner does not have to be the creator of the work.
  - - - Copyright enforcement is the process of ensuring that the exclusive rights granted to copyright owners are respected and that their works are not used or distributed without permission.
      - There are several methods of copyright enforcement, including:
      - Legal action
      - Cease and desist letters
      - Digital rights management (DRM)
      - Licensing
      - Notice and takedown
      - In many cases, copyright enforcement requires the cooperation of law enforcement agencies, internet service providers, and other third parties.
      - It is important for copyright owners to understand their legal rights and the available enforcement options, and to take steps to protect their works from infringement.
    - - Legal action: Copyright owners can take legal action against infringers through the courts, seeking damages and injunctions to prevent further infringement.
      - Cease and desist letters: Copyright owners can send letters to alleged infringers, demanding that they cease their infringing activities.
      - Digital rights management (DRM): Copyright owners can use digital technologies to protect their works and prevent unauthorized copying or distribution.
      - Licensing: Copyright owners can license their works to others for a fee, allowing them to use or distribute the work under specific conditions.
      - Notice and takedown: Online service providers can remove infringing content from their platforms in response to notices from copyright owners.
  - - - Legal action: The copyright owner can take legal action against the infringer, seeking damages and an injunction to prevent further infringement. In some cases, the infringer may be ordered to pay substantial fines or face criminal charges.
      - Reputation damage: Infringement of copyright can damage the reputation of the infringer, particularly if they are a business or organization.
      - Loss of income: Copyright infringement can result in lost income for the copyright owner, particularly if the infringer is distributing or selling copies of the copyrighted work.
      - Removal of content: In some cases, the infringing content may be removed from circulation, resulting in a loss of access to the work for those who obtained it from the infringer.
      - Reduced future opportunities: Infringement of copyright can also reduce future opportunities for the infringer, such as being denied access to funding or being barred from participating in future projects.
      - copyright infringement can result in legal, financial, and reputational consequences for the infringer, while also impacting the income and reputation of the copyright owner.
      - It is important for all parties to respect copyright law and to take steps to prevent infringement.
    - - Yes, an employee who infringes copyright is generally liable.
      - The employer may also be liable, under the principle of “vicarious liability”.
      - If the employee was acting on instructions from another staff member, for example, that other person may also be liable for authorising the employee to infringe copyright.
  - - - Visual art, craft & photographs
      - Copyright Agency www.copyright.com.au
      - Text/written material
      - Copyright Agency www.copyright.com.au
      - Australian Publishers Association www.publishers.asn.au
      - Australian Society of Authors www.asauthors.org
      - Material published in newspapers & magazines
      - Media Entertainment & Arts Alliance (MEAA) www.meaa.org
    - - Music and sound recordings
      - APRA|AMCOS www.apraamcos.com.au
      - PPCA www.ppca.com.au
      - ARIA www.aria.com.au
      - Film, TV programs, DVDs, Videos
      - Screen Australia www.screenaustralia.gov.au
      - Screenrights www.screenrights.org
- - - - NB: Make sure you keep a copy of any contract you sign. Once you sign a contract, it usually becomes legally binding.
      - minimum wages, which are set and adjusted by Fair Work Ombudsman
      - the National Employment Standards, which set out 11 minimum employment conditions that all permanent full-time and part-time employees are entitled to (certain conditions also apply to casual employees)
  - - - The basic structure of a contract typically includes the following elements:
      - Offer: One party makes an offer to enter into a contract with the other party. The offer may include specific terms and conditions, such as the price and delivery date.
      - Acceptance: The other party accepts the offer, usually by agreeing to the terms and conditions set out in the offer.
      - Consideration: Both parties must give something of value in exchange for the contract to be valid. This may be money, goods, services, or something else of value.
      - Intention to create legal relations: Both parties must intend to create a legally binding agreement. This means that the agreement is not just a casual agreement, but a serious commitment between the parties.
      - Capacity to contract: Both parties must have the legal capacity to enter into a contract. This means that they must be of legal age and mentally competent.
      - Legality: The contract must be for a legal purpose and not violate any laws or public policy.
      - Once these elements are present, a contract can be considered legally binding. However, it is important to note that the specific structure and requirements of a contract can vary depending on the jurisdiction, the type of contract, and the parties involved. It is always advisable to consult with a legal professional when drafting or entering into a contract to ensure that all necessary elements are present and the contract is enforceable.
    - - an offer
        
        an acceptance
        
        a consideration (usually money)
        
        an intention to create a legal relationship
    - - entices someone to commit a crime, or is illegal
        
        is entered into by someone that lacks capacity, such as a minor or bankrupt
        
        was agreed through misleading or deceptive conduct, duress, unconscionable conduct or undue influence.
    - - The agreement process for a contract typically involves the following steps:
        
        Negotiation: The parties discuss the terms and conditions of the contract and come to an agreement on the key provisions, such as the price, scope of work, and delivery date.
        
        Drafting: Once the key provisions have been agreed upon, the contract is drafted. The drafting process may involve multiple revisions as the parties work to refine the language and ensure that all necessary provisions are included.
        
        Review: Both parties review the draft contract to ensure that it accurately reflects their agreement and that all necessary provisions are included. This may involve legal review to ensure that the contract complies with applicable laws and regulations.
        
        Execution: Once both parties are satisfied with the contract, they sign it to indicate their agreement to the terms and conditions. In some cases, the contract may need to be notarized or witnessed to be legally binding.
        
        Performance: After the contract is executed, the parties must perform their respective obligations under the contract. This may involve making payments, delivering goods or services, or otherwise fulfilling the terms of the agreement.
        
        Termination: The contract may include provisions for termination, such as if one party breaches the agreement or if the work is completed. The termination process should be clearly defined in the contract to avoid disputes.
    - - This can be done through negotiations between two parties.
        When an agreement is reached, both parties must sign a new contract.
    - - Most contracts end once the work is complete, and payment has been made.
        
        Contracts can also end:
        
        by agreement – both parties agree to end contract before the work is completed.
        
        by frustration – where the contract cannot continue due to some unforeseen circumstances outside the parties’ control.
        
        for convenience – where the contract allows a party to terminate at any time by providing notice to the other party.
        
        due to a breach – where one party has not complied with an essential contract condition, the other party may decide to terminate the contract and seek compensation or damages.
    - - Price and payment terms: The contract should specify the price for the goods or services being provided, as well as the payment terms, such as when payment is due and any penalties for late payment.
        
        Scope of work: The contract should clearly define the scope of work being performed, including any specific deliverables, deadlines, or milestones.
        
        Representations and warranties: The contract may include representations and warranties from both parties regarding their ability to perform under the contract, the accuracy of any information provided, or other relevant matters.
        
        Intellectual property: The contract should address any intellectual property rights involved in the work being performed, such as ownership of any copyrighted material or trademarks.
        
        Confidentiality: The contract may include provisions regarding confidentiality and non-disclosure of confidential information.
        
        Indemnification: The contract may include provisions regarding indemnification, which requires one party to compensate the other for any damages, losses, or liabilities arising out of the contract.
        
        Termination: The contract should include provisions for termination, such as if one party breaches the agreement or if the work is completed. The termination process should be clearly defined in the contract to avoid disputes.
        
        These are just a few examples of the types of reasonable terms and conditions that may be included in a contract. It is important to ensure that the terms and conditions are clear, specific, and enforceable, and that they protect the interests of both parties.
        
        It is always advisable to seek legal advice when drafting or entering into a contract to ensure that all necessary provisions are included and that the contract is fair and balanced.
    - - When establishing effective contractual relationships, it is important to identify and consider the needs and expectations of various stakeholders who may be impacted by the contract. Some key stakeholders to consider include:
        
        Parties to the contract: The parties involved in the contract are the most obvious stakeholders, as they are the ones directly affected by the terms of the contract. These parties may include individuals, companies, organizations, or governments.
        
        Customers and clients: If the contract involves the delivery of goods or services to customers or clients, they are also important stakeholders to consider. The contract should ensure that their needs and expectations are met and that they receive quality goods or services.
        
        Suppliers and vendors: Suppliers and vendors who provide goods or services to one or more parties to the contract may also be stakeholders. The contract should ensure that they are paid fairly and on time, and that they meet the required quality and delivery standards.
        
        Employees and contractors: If the contract involves the hiring of employees or contractors, they are also stakeholders. The contract should ensure that they are fairly compensated and treated in accordance with applicable laws and regulations.
        
        Regulators and government agencies: If the contract involves activities that are subject to regulatory or government oversight, such as environmental or safety regulations, these agencies may be stakeholders. The contract should ensure that all legal and regulatory requirements are met.
        
        Shareholders and investors: If the parties to the contract are publicly traded companies, shareholders and investors may also be stakeholders. The contract should ensure that their interests are protected and that the contract is in line with the company's overall strategy and objectives.
        
        Communities and the public: Depending on the nature of the contract, communities and the public may also be stakeholders. The contract should ensure that any impacts on the environment, public health, or other community concerns are addressed and mitigated.
    - - Clients: The clients who are seeking the services of the graphics and media organization will be the primary stakeholders. They will provide the requirements for the project and will negotiate the terms and conditions of the contract.
        
        Designers and creatives: The designers and creatives who will be working on the project will also be involved in developing the contract. They will provide input on the scope of the project, the timelines, and the deliverables.
        
        Project Managers: The project managers will be responsible for overseeing the project from start to finish. They will be involved in developing the contract and ensuring that it meets the needs of the client while also ensuring that the project is completed on time and within budget.
        
        Legal team: The legal team will be involved in developing the contract to ensure that it is legally binding and protects the interests of the organization. They will also ensure that the contract complies with any relevant laws and regulations.
        
        Finance team: The finance team will be involved in developing the contract to ensure that it is financially viable for the organization. They will provide input on the budget for the project and any financial terms and conditions that need to be included in the contract.
        
        Sales team: The sales team will be involved in negotiating the terms and conditions of the contract with the client. They will ensure that the contract meets the needs of the client while also ensuring that it is profitable for the organization.
        
        Quality assurance team: The quality assurance team will be involved in developing the contract to ensure that the deliverables meet the quality standards of the organization and the client.
    - - The creative arts industry sector is made up of several sub-sectors, including visual arts, performing arts, design, publishing, and media.
        
        These sub-sectors are interconnected, and the relationships between them are important for the growth and development of the industry as a whole. For example:
        
        Designers may work with visual artists to create packaging or promotional materials for an art exhibition or performance.
        
        Publishers may work with writers, editors, and designers to produce books, magazines, or other written materials.
        
        Media outlets may cover art exhibitions, performances, or design events to inform the public about what is happening in the industry.
    - - Writers and editors: individuals who write, proofread, and edit written content for various media, including books, magazines, newspapers, and websites.
        
        Producers: individuals who oversee the creative process of a project, from development to completion. They manage budgets, timelines, and collaborate with various departments to ensure the project's success.
        
        Directors: individuals who oversee the creative vision of a project, whether it be in film, theater, or other performing arts. They work with actors, writers, designers, and other creatives to bring their vision to life.
        
        Designers: individuals who create visual designs, such as logos, websites, packaging, and branding materials, to communicate a brand or message.
        
        Animators: individuals who create animated content, such as cartoons, movies, or video games, by using computer software and various animation techniques.
        
        Musicians and composers: individuals who create and perform music for various media, such as film, TV shows, video games, or live performances.
        
        Choreographers and dancers: individuals who create and perform dance routines for various media, such as theater, film, TV, or live performances.
        
        Photographers and videographers: individuals who capture and edit visual content for various media, such as print, online, or video productions.
        
        Marketing and advertising professionals: individuals who promote and market creative products and services to various audiences, using strategies such as social media, email marketing, public relations, and paid advertising.
    - - The creative arts industry is constantly evolving and changing, so it is important to stay up-to-date with the latest trends, news, and information. Here are some key sources of information for the creative arts industry:
        
        Trade publications: These are industry-specific magazines and journals that provide news, analysis, and commentary on various aspects of the creative arts industry, such as art, design, film, music, and theater. Examples include Artforum, Variety, Rolling Stone, and The Hollywood Reporter.
        
        Industry associations and organizations: These are groups that represent and support professionals in the creative arts industry, providing resources, networking opportunities, and advocacy on issues related to the industry. Examples include the Academy of Motion Picture Arts and Sciences, the American Institute of Graphic Arts, and the National Association of Independent Artists.
        
        Conferences and events: These are gatherings of professionals in the creative arts industry, offering opportunities for learning, networking, and collaboration. Examples include the Cannes Film Festival, South by Southwest (SXSW), and the Consumer Electronics Show (CES).
        
        Government agencies and departments: These are public entities that provide information and support for the creative arts industry, including funding, grants, and resources. Examples include the National Endowment for the Arts, the Creative Industries Federation, and the Department for Digital, Culture, Media & Sport (UK).
        
        Online communities and social media: These are online platforms and groups where creative professionals can connect, share information, and collaborate on projects. Examples include Behance, Dribbble, LinkedIn, and Twitter.
        
        By staying informed and up-to-date with the latest information and trends in the creative arts industry, professionals can better position themselves to succeed and thrive in their respective fields.
        
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