Is an Afuri Ramen Dumpling franchisee granted rights to the copyrighted material?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
We intend to affix a statutory notice of copyright to our Operations Manual, to certain of our advertising materials, training materials, websites, proprietary software, and to all modifications and additions to them. There are no determinations, agreements, infringements or obligations currently affecting these notices or copyrights. You have no rights to the copyrighted material. You are granted the right and are required to use the copyrighted items only with your operation of the franchise during the term of your franchise agreement.
The Operations Manual is described in Item 11. Although we have not filed applications for copyright registration, all copyrighted materials are our property. Item 11 describes limits on use of the copyrighted materials by you and your employees. You are only permitted to use our proprietary processes and systems in accordance with the Franchise Agreement and only as long as you are a franchisee. Your failure to comply with the confidentiality requirements of the Franchise Agreement may result in your payment of liquidated damages to us as specified in the Franchise Agreement. You must contact us immediately if you learn of any unauthorized use of our proprietary information. You must also agree to not contest our rights to, and interest in, our copyrights and other proprietary information.
Source: Item 14 — Patents, Copyright & Proprietary Information (FDD page 39)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, franchisees do not have rights to the copyrighted material. Afuri Ramen Dumpling intends to affix a statutory notice of copyright to their Operations Manual, certain advertising and training materials, websites, and proprietary software. Although Afuri Ramen Dumpling has not filed applications for copyright registration, all copyrighted materials are their property.
Afuri Ramen Dumpling grants franchisees the right to use the copyrighted items only with the operation of their franchise during the term of the franchise agreement. Item 11 describes limits on use of the copyrighted materials by franchisees and their employees. Franchisees are only permitted to use Afuri Ramen Dumpling's proprietary processes and systems in accordance with the Franchise Agreement and only as long as they are a franchisee.
Failure to comply with the confidentiality requirements of the Franchise Agreement may result in the franchisee's payment of liquidated damages to Afuri Ramen Dumpling as specified in the Franchise Agreement. Franchisees must contact Afuri Ramen Dumpling immediately if they learn of any unauthorized use of their proprietary information and must also agree to not contest their rights to, and interest in, their copyrights and other proprietary information.