If the Bambu franchisee is required to translate advertising materials, who has the right to copyright the translated materials?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
All copyrightable or patentable works, and all discoveries, developments, designs, improvements, inventions or other information of a proprietary nature created by Franchisee or any of its owners, officers or employees in connection with the shoppe, including but not limited to any enhancements or improvements in the Bambū system, shall be the sole property of Bambu.
Franchisee shall assign, or cause its owner, officer or employee to assign, all proprietary rights, including copyrights, in these works to Bambu without additional consideration.
Franchisee hereby assigns and will execute (or will cause its owner, officer or employee to assign and execute) such additional assignments or documentation to effectuate the assignment of all intellectual property, inventions, drink and food item preparation information, recipes, copyrights, trademarks and trade secrets developed in part or in whole in relation to the shoppe, during the term of this Agreement, as Bambu may deem necessary in order to enable it, at its expense, to apply for, prosecute and obtain copyrights, patents, trademarks or other proprietary rights in the United States and in foreign countries or in order to transfer to Bambu all right, title, and interest in said property.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to the 2025 Bambu Franchise Disclosure Document, all copyrightable works created by the franchisee or their employees in connection with the shoppe are the sole property of Bambu. This includes any enhancements or improvements to the Bambu system.
The FDD states that the franchisee must assign all proprietary rights, including copyrights, to Bambu without additional compensation. The franchisee also agrees to execute any additional assignments or documentation necessary for Bambu to obtain copyrights in the United States and foreign countries. This extends to all intellectual property, inventions, recipes, trademarks, and trade secrets developed in relation to the shoppe during the term of the agreement.
This means that if a Bambu franchisee translates advertising materials, the copyright for those translated materials would belong to Bambu, not the franchisee. The franchisee is required to assign all rights to such works to Bambu, ensuring that Bambu maintains control over its brand and marketing materials.
This clause is fairly standard in franchising, as franchisors typically want to maintain strict control over their brand's image and marketing. It is important for prospective franchisees to understand that any creative work they produce related to the Bambu business, even translations, becomes the property of the franchisor.