Does B Bops claim a copyright in the plans and specifications for construction of the unique B-Bop's Restaurant premises?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
The Company does, however, claim a copyright in the confidential Operations Manual and in the plans and specifications for construction of the unique B-Bop's Restaurant premises. The copyright in the Project Manual containing the plans and specifications has been registered under Registration TX4-033-760 (issued February 21, 1995) and the copyright in the Architectural Work has been registered under Registration VA-690-159 (issued March 1, 1995). Both registrations were originally obtained by B-Bop's and have been assigned to the Company as part of the assignment of the Licensed System from B-Bop's to the Company. The Company intends to renew the copyright registrations prior to their expiration.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 37–39)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the company does claim a copyright on the plans and specifications for constructing its unique restaurant premises. The copyright for the Project Manual, which contains these plans and specifications, was registered under Registration TX4-033-760 on February 21, 1995. Additionally, the copyright for the Architectural Work was registered under Registration VA-690-159 on March 1, 1995. These registrations were initially obtained by B-Bop's and subsequently assigned to the Company as part of the Licensed System transfer. B Bops intends to renew these copyright registrations before they expire.
This means that as a franchisee, you will be required to adhere strictly to B Bops's construction plans and specifications. Any modifications to these plans require the company's consent, and any rights to modifications must be assigned to B Bops. This protects the uniformity and brand identity of B Bops restaurants, ensuring that each location maintains the same look and feel.
B Bops retains complete discretion over any legal actions related to its copyrights. The company is not obligated to protect a franchisee's right to use these copyrights, nor is it required to defend or indemnify franchisees against claims of infringement. This places the responsibility on the franchisee to operate within the bounds of the franchise agreement and to avoid any actions that could infringe upon B Bops's copyrights.
Furthermore, franchisees do not have the right to review or use the Project Manual, including the plans and specifications, under the Development Agreement. Access to these materials is only granted upon the execution of a franchise agreement, which allows the franchisee to own and operate a B Bops franchise at a specific location. This ensures that only approved franchisees have access to the confidential construction plans and specifications.