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CUAIND311 Working effectively in the creative arts industry (task 3) -…
CUAIND311 Working effectively in the creative arts industry (task 3)
Unions
Organisations that represent workers in a particular industry or profession
Acting as a voice for employees and a bargaining representative during workplace negotiations and issues
Looks at suspected breaches of:
Workplace laws
Discrimination laws
Workplace safety laws
How unions can help workers:
Understand exactly what you are entitled to in your job
Get ‘back pay’ if you have been underpaid
Achieve pay increases and other improvements by assisting in negotiations with your employer
Negotiate an Enterprise Agreement with your employer
Get access to training and a career path by talking to your employer for you
Assist with legal action against your employer
Union and Employer Association for the creative professional industry: MEAA
Employer associations
Organisations that represent the interests of employers in a particular industry or region
Employers rights and responsibilities:
Provide a safe and healthy work environment
Comply with employment laws and regulations
Pay employees on time and provide benefits as required
Respect employee rights to privacy and freedom from discrimination
Manage employees fairly and ethically
Provide training and resources to help employees succeed in their roles
Maintain accurate records and comply with reporting requirements
Employee rights and responsibilities:
Be treated with respect and dignity
Receive fair compensation and benefits for work performed
Be provided with a safe and healthy work environment
Have access to training and professional development opportunities
Report harassment, discrimination, or other issues in the workplace
Comply with company policies and procedures
Maintain confidentiality of sensitive information
Contractor's rights and responsibilities
Agree to perform work according to the terms of the contract
Set their own schedule and work independently
Provide their own equipment and supplies
Receive compensation for work performed
Maintain confidentiality of sensitive information
Comply with company policies and procedures
Complete work in a timely and professional manner
Awards and conditions
An award is a legal document that outlines the minimum pay rates and conditions of employment
Different agencies in industries: Media, Entertainment and Arts Alliance (MEAA), Free TV Australia, Australian Screen Industry Group (ASIG), Advertising Federation of Australia (AFA) etc.
Environmental obligations:
Sustainable practices
Carbon footprint
Responsible sourcing
Environmental regulations
Education and awareness
Copyright:
A legal concept that grants the creator of an original work exclusive rights to that work, allowing them to control its use and distribution
Infringed when someone uses all or a ‘substantial part’ of copyright material, without the permission of the copyright owner
Copyright Act 1968 in Australia
Gives copyright owners the exclusive right to deal with their material in certain ways
Copyright enforcement
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
Methods
Legal action
Owner could seek damages and injunctions to prevent further infringement
Cease and desist letters
Owners demanding infringer they cease their infringing activities
Digital rights management (DRM)
Owners can use digital technologies to protect their works and prevent unauthorised copying or distribution
Licensing
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 owners
Consequences of infringement
Legal action
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
Loss of income
Can result in lost income for the copyright owner, particularly if the infringer is distributing their work
Removal of content
The infringing content may be removed, resulting in a loss of access to the work from those who obtained it from the infringer
Reduced future opportunities
Can also reduce future opportunities for the infringer, such as being denied access to funding or from participating in future projects
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
Copyright agencies
Screen Australia, ARIA, Australian Publisher's Association, Media Entertainment and Arts Alliance (MEAA), Copyright Agency etc.
Lasts for 70 years
Contracts
An employment contract is an agreement between you and your employer
An employment contract includes:
Your duties
How many hours you will work
The days you will work
Where you will work
How much you will be paid
Your employment status (for example, if you work full-time, casual or part-time)
Employment conditions including leave and other entitlements.
The National Employment Standards: Set out 11 minimum employment conditions that all permanent full-time and part-time employees are entitled to
Fair Work Ombudsman: Set and adjust the minimum wages
For a contract to be legally binding it must contain an offer, an acceptance, a consideration (usually money) and an intention to create a legal relationship
Agreement process
Negotiation – parties discuss terms & conditions, come to an agreement
Drafting – involves multiple revisions, legal review to ensure it meets laws and regulations
Review – ensure that it accurately reflects agreement
Execution – parties signing the contract
Performance – perform obligations to fulfil terms of agreement, ie make payments, delivering goods/services
Termination – provisions for termination clearly defined
Terms and conditions that can be included in a contract
Price and payment terms
Contract should specify the price for the goods or services being provided and the payment terms
Scope of work
Contract should clearly define the scope of work being performed
Representations and warranties
Contract may include representations and warranties from both parties of their ability to perform under the contract and the accuracy of information
Intellectual property
Contract should address any intellectual property rights involved in the work being performed
Confidentiality
Contract may include provisions regarding confidentiality and non-disclosure of confidential information
Indemnification
Contract may include provisions which requires one party to compensate for any liabilities due to the contract
Termination
Contract should include provisions as if one party breaches the agreement or if the work is not completed
Basic elements of a contract
Offer: One party makes an offer to enter into a contract with the other party by setting out the terms and conditions of the contract
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 (money, goods and services etc.) in exchange for the contract to be valid
Intention to create legal relations: Both parties must intend to create a legally binding agreement, as a serious commitment between the parties
Capacity to contract: Both parties must have the legal capacity to enter into a contract, meaning 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
Is a legally binding agreement between two or more parties
Workplace Health & Safety requirements
Ergonomics
Electrical safety
Chemical safety
Fire safety
Noise exposure
Psychological health
20 minute break recommended
Appropriate behaviour and ethics in a workspace
Respect your colleagues
Maintain confidentiality
Be honest and transparent
Follow company policies
Avoid conflicts of interest
Respect diversity
Take responsibility
Relationship in the creative art industry
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.
Revenue streams in the creative arts industry
Advertising
Advertisers pay to display ads alongside or within the content, and the creator earns a portion of the revenue.
Subscription services
Creators receive a portion of the revenue based on usage and popularity of their work by the subscription.
Sales of digital goods
Downloads.
Merchandise sales
Generate revenue through the sale of physical merchandise.
Crowdfunding
Sites allows creators to raise money directly from their fans and supporters to fund their content creation.
Licensing
Creators can license their digital content to other businesses and individuals for use in other projects or products.
Affiliate marketing
Creators promote Affiliate market's products or services through their digital content and earning a commission on any resulting sales
Current and emerging technology
Virtual and augmented reality
Allows users to immerse themselves in virtual environments or enhance their real-world experiences with digital overlays.
3D printing
The creation of physical objects from digital files.
Artificial intelligence (AI)
Is used to create more realistic and dynamic visual effects in film and animation.
Cloud computing
Enables remote storage and access to data and software.
Blockchain
Enables secure and transparent transactions, which can be useful for managing rights and royalties.
Machine learning
Is used to analyse data and make predictions based on patterns and trends.
Mobile technologies
Rise of smartphones has supported visual content creation and sharing becoming more accessible.
Sources of information in creative art industry
Trade publications
Industry associations and organizations
Conferences and events
Government agencies and departments
Online communities and social media. Examples include Behance, Dribbble, LinkedIn, and Twitter.
Roles and responsibilities in creative art industry
Artists/creatives
Writers and editors
Write, proofread, and edit written content for various media.
Producers
Oversee the creative process of a project, from development to completion.
Directors
Oversee the creative vision of a project.
Designers
Create visual designs.
Animators
Create animated content.
Musicians and composers
Create and perform music for various media.
Choreographers and dancers
Create and perform dance routines for various media.
Photographers and videographers
Capture and edit visual content for various media.
Marketing and advertising professionals
Promote and market creative products and services to various audiences.
Key terminology
Artistic medium
Material or technique used by artists to create their work
Intellectual property
Legal rights that protect artistic creations
Design
The process of creating a plan or specification for the construction of an object or system
Graphic design
The art or skill of combining text and image
Scope of work
A detailed description of the tasks required to complete a specific project
Illustration
visual art created to enhance, explain, or decorate text
Animation
The technique of creating the illusion of movement by rapidly displaying a sequence of static images
Creative breif
A document that outlines the goals and requirements for a creative project
Portfolio
A collection of an artist's work that showcases their skills and style
Copyright
Legal protection that gives artists exclusive rights to their creative work
Art direction
The process of managing the visual aspects of a creative project
Royalties
Payments made to artists or copyright owners for the use of their work
Public domain
Creative work that can be used freely without copyright
Legal issues that affect negotiations and contracts
Employment laws
Various federal, state, and local laws that regulate the employment relationship
Collective bargaining agreements
If employees are represented by a union, the terms of the collective bargaining agreement may dictate certain terms of the employment relationship
Non-compete agreements
Clauses of a contract that restrict an employee's ability to work for a competitor for a certain period of time after leaving
Intellectual property
Such as patents, trademarks, and copyrights
Contract formation and enforceability
Contracts must be properly formed and executed to be legally binding
Dispute resolution
Contracts may include provisions for dispute resolution, such as arbitration or mediation
Awards and conditions of employment
Employers and employees can negotiate enterprise agreements or individual contracts that provide additional conditions above the minimum standards set out in awards.
Employers are required to provide employees with a copy of their award or agreement, and to ensure that employees are aware of their entitlements and how to access them.
Employers who fail to comply with their obligations under an award or agreement may be subject to legal action and penalties.
Communication skills
Underestimate people's understanding of what you are saying by over communicating to make sure people have understood what you were trying to say
Clarify and double check with yourself and the person you are talking to make sure you both understand what was said
Take a breath during communication to help you think clearer before you give your answer
Stay focused by listening and not formulating ideas while communicating with someone until they have finished talking to understand their full idea
Choose the right method of communication whether face-to-face or by email for different circumstances. For something more important, face-to-face communication may be better
How a good team works
Make a plan with your team that explains all your team's goals and how you're going to make it happen together
Give everyone a way to contribute with their different strengths and listen to their ideas
Celebrate success of the team
Dealing with disagreements
Appreciative that your team has lots of ideas and it is ok to disagree
Compromise by finding a solution by combining all the different ideas into one that everyone is happy with
Be curious about other people's ideas and point of view
It is ok to respectfully disagree because everyone has different ideas