What rights does Bath Tune Up retain regarding translations, modifications, or adaptations of the Copyrighted Materials made by the franchisee?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that it may not make translations, copies, adaptations of or modifications to the Copyrighted Materials without the prior written consent of Franchisor.
Neither this Agreement nor the operation of the Franchised Business in any way gives Franchisee any interest in the Copyrighted Materials other than the right to use the Copyrighted Materials solely in connection with the Franchised Business, solely in accordance with the terms and conditions of this Agreement and solely during the term of this Agreement.
Franchisee acknowledges that Franchisor will own the copyrights and all other rights to translations, modifications and adaptations of or to the Copyrighted Materials made by Franchisee from time to time. Franchisee hereby assigns to Franchisor its copyrights and economic rights and waives any moral rights and similar rights with respect to the translated, modified or adapted Copyrighted Materials, and agrees to execute any all instruments and documents, render such assistance and perform such acts and things as may, in the opinion of Franchisor, be necessary or advisable in the furtherance of such assignment and waiver. Franchisee will require the same assignment, waiver and covenant in favor of Franchisor by Franchisee's officers and employees and by any independent contractors or other third parties who translate, modify or adapt the Copyrighted Materials.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, Bath Tune Up retains ownership of any translations, modifications, and adaptations to the Copyrighted Materials made by the franchisee. The Copyrighted Materials include items such as artwork, musical compositions, software, and architectural designs.
Bath Tune Up franchisees are prohibited from making any translations, copies, adaptations, or modifications to the Copyrighted Materials without first obtaining written consent from Bath Tune Up. The agreement specifies that any such modifications made by the franchisee will be considered a "work made for hire" under copyright laws, thereby granting Bath Tune Up all intellectual property rights.
To further protect Bath Tune Up's interests, the agreement includes a clause that if any modification does not legally qualify as a work made for hire, the franchisee automatically assigns all rights to those modifications to Bath Tune Up. The franchisee also waives any moral rights associated with the translated, modified, or adapted materials. This ensures that Bath Tune Up has complete control and ownership over any alterations to its copyrighted materials, regardless of who creates them. Bath Tune Up also requires franchisees to secure similar assignment, waiver, and covenant from their own officers, employees, and any third parties involved in modifying the Copyrighted Materials.