Under what conditions is a Bath Tune Up franchisee allowed to use the Copyrighted Materials?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
musical compositions, sound recordings, audiovisual works, computer software, and architectural designs (collectively, the "Copyrighted Materials"). 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, a franchisee's right to use the franchisor's copyrighted materials is explicitly limited. These copyrighted materials include items such as musical compositions, sound recordings, audiovisual works, computer software, and architectural designs. The franchisee cannot make translations, copies, adaptations, or modifications to these materials without obtaining prior written consent from Bath Tune Up.
The agreement specifies that the franchisee's rights to use the copyrighted materials are solely in connection with the franchised Bath Tune Up business, and must be in accordance with the terms and conditions outlined in the franchise agreement. This right is only valid during the term of the agreement. Any translations, modifications, or adaptations made by the franchisee to the copyrighted materials become the property of Bath Tune Up.
Furthermore, the franchisee is obligated to assign all copyrights and economic rights related to these modifications to Bath Tune Up, waiving any moral rights. This assignment and waiver must also be secured from the franchisee's officers, employees, and any independent contractors who may work on translating, modifying, or adapting the copyrighted materials. This ensures Bath Tune Up maintains control and ownership over its intellectual property and any derivative works created by franchisees.