Does All States M.E.D. have an obligation to protect its copyrights?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
We know of no effective determinations of the U.S. Copyright Office or any court regarding any of our copyrighted materials. Our right to use or license copyrighted items is not materially limited by any agreement or known infringing use.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 30–31)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, All States M.E.D. does not have an obligation to protect its copyrights. While All States M.E.D. owns copyrights to its Operations Manual, website, marketing materials, training manuals/videos, and other copyrightable items, these copyrights have not been registered with the United States Register of Copyrights.
For a prospective franchisee, this means that All States M.E.D. will not take responsibility for defending against claims arising from the franchisee's use of these copyrighted items. If a copyright infringement claim is brought against a franchisee, the franchisee is required to notify All States M.E.D., and All States M.E.D. retains the right to control any litigation related to its copyrights.
However, All States M.E.D. is not obligated to participate in the franchisee's defense or provide indemnity for expenses and damages in any legal proceeding involving a copyright licensed to the franchisee. The franchise agreement remains in effect even if All States M.E.D. requires the franchisee to modify or discontinue using the copyrighted material.
All States M.E.D. states that it is unaware of any effective determinations by the U.S. Copyright Office or any court that would limit their right to use or license copyrighted items, nor are they aware of any known infringing use. Franchisees should be aware of these conditions and consider the potential risks associated with using the copyrighted materials provided by All States M.E.D.