Is a 360 Painting franchisee required to stop using copyrighted items if 360 Painting directs them to do so?

According to the 2025 FDD, 360 Painting owns copyrights to the Brand Standards Manual, estimating software, marketing materials, and other copyrightable items that are part of their system. While 360 Painting claims copyrights, they have not registered these copyrights with the United States Registrar of Copyrights, but they don't need to do so to protect them. As a franchisee, you are allowed to use these items only as specified by 360 Painting while operating the business.

Importantly, the FDD states that a 360 Painting franchisee must stop using these copyrighted items if 360 Painting directs them to do so. Furthermore, franchisees are obligated to inform 360 Painting about any unauthorized use of the copyrighted information. 360 Painting retains the right to control any litigation concerning their copyrighted materials but is not obligated to protect the franchisee's rights to use these materials.

This means that as a 360 Painting franchisee, you are dependent on the franchisor's permission to use essential copyrighted materials. If 360 Painting decides to withdraw that permission, you must immediately cease using those items. This highlights the importance of maintaining a good relationship with the franchisor and staying updated on any changes to the brand standards or required materials. It is also important to understand what materials are copyrighted and how their use is governed by the franchise agreement.