Does Ben Jerrys retain ownership of the copyrights for advertising and promotional materials developed by or for a franchisee's local advertising and promotion?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
All of your local advertising and promotion must be dignified, must conform to our standards and requirements, and must be conducted in the media, type, and format that we have approved. As described above, you may not use any advertising or promotional plans that we have not approved in writing. All copyrights in and to advertising and promotional materials you develop (or that are developed for you) will become our sole property. You must sign the documents (and, if necessary, require your independent contractors to sign the documents) that we deem necessary to implement this provision. (The requirements in this paragraph, as well as in the previous paragraph, will also apply to any Cooperatives.)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys retains ownership of copyrights for advertising and promotional materials, even those developed by or for a franchisee's local advertising and promotion efforts. This means that while franchisees may be involved in creating or commissioning these materials, Ben Jerrys ultimately owns the rights to them.
This policy has several implications for prospective franchisees. First, it ensures that Ben Jerrys maintains control over its brand image and messaging. By owning the copyrights, Ben Jerrys can prevent franchisees from using materials that do not align with the company's overall marketing strategy. Second, it simplifies legal and administrative processes related to advertising and promotion. Ben Jerrys can manage and protect its intellectual property more effectively by centralizing ownership.
For a franchisee, this means they must adhere to Ben Jerrys's standards and requirements for all local advertising and promotion. They must also sign documents, and ensure their independent contractors sign documents, that Ben Jerrys deems necessary to implement this copyright provision. While franchisees can contribute to the development of local advertising materials, they will not own the rights to those materials. This is a fairly standard practice in franchising, as it allows the franchisor to maintain brand consistency and control.