What is the scope of the copyright claim made by Bath Tune Up regarding its manuals?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Although we have not filed a copyright registration application for the Manuals, we claim a copyright in its contents and those of our other manuals. The information contained in the Manuals is proprietary. Except for your right to use the Manuals, other manuals and our marketing materials, you do not receive the right to use any item covered by a patent or copyright. You must promptly tell us when you learn about unauthorized use of any of our proprietary information. We are not obligated to take any action but will respond to this information as we think appropriate. We will indemnify you for losses recovered by a third party because of claims of infringement or misappropriation of proprietary information, patents, or copyrights based on your authorized use of this information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 37)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, while the company has not filed a copyright registration application for its manuals, it asserts a copyright claim on the contents of these manuals and other manuals. The FDD specifies that the information within these manuals is considered proprietary.
As a Bath Tune Up franchisee, you are granted the right to use the manuals and marketing materials, but this does not extend to any other rights covered by patents or copyrights. The franchisee is obligated to promptly inform Bath Tune Up of any unauthorized use of their proprietary information.
Bath Tune Up is not obligated to take action regarding the unauthorized use of proprietary information, but will respond as they deem appropriate. However, Bath Tune Up will indemnify the franchisee for losses recovered by a third party due to claims of infringement or misappropriation of proprietary information, patents, or copyrights resulting from the franchisee's authorized use of this information.