Does All States M.E.D. own copyrights in its website?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
No patents or pending patent applications are material to the franchise. We own copyrights in the Operations Manual, our website, our marketing materials, training manuals or videos, and other copyrightable items that are part of the System. While we claim copyrights in these and similar items, we have not registered these copyrights with the United States Register of Copyrights. You may use these items only as we specify while operating the Franchised Business and you must stop using them if we direct you to do so.
We do not have an obligation to protect the copyrights or to defend you against claims arising from your use of the copyrighted items. You must notify us if any claim for copyright infringement is brought against you over materials in which we claim a copyright. We have the right to control litigation over our copyrights. We are not required to participate in your defense or indemnify you for expenses and damages in a proceeding involving a copyright licensed to you. Your rights in the franchise agreement would continue if we require you to modify or discontinue using the subject matter covered by the copyright.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 30–31)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, All States M.E.D. claims copyright ownership in its website. The disclosure specifies that All States M.E.D. owns copyrights in the Operations Manual, website, marketing materials, training manuals or videos, and other copyrightable items that are part of the All States M.E.D. system. However, these copyrights have not been registered with the United States Register of Copyrights.
As a franchisee, you are permitted to use these copyrighted items only as specified by All States M.E.D. while operating the franchised business. This usage must cease if All States M.E.D. directs you to do so.
All States M.E.D. does not have an obligation to protect these copyrights or defend franchisees against claims arising from their use. If a copyright infringement claim is brought against a franchisee, they must notify All States M.E.D., which retains the right to control any related litigation. However, All States M.E.D. is not required to participate in the franchisee's defense or indemnify them for expenses and damages in a copyright-related proceeding. If All States M.E.D. requires a franchisee to modify or discontinue using copyrighted material, the franchisee's rights under the franchise agreement will continue.