What must a Benjamin Franklin Plumbing franchisee do with any copyrights they acquire in advertising programs or materials?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that Franchisor owns all copyrights and other rights to all existing and future advertising and promotional materials that contain any of the Marks or that otherwise relate to the Franchised Business, as well as any products, materials, and rights that result from any advertising, marketing, and promotional programs created, purchased, produced or conducted by or on behalf of Franchisee, Franchisor, the Brand Fund, or any Cooperative, regardless of the party that created such materials.
No copyrights or other rights or interest in any tangible or intangible materials or in the Marks will vest in Franchisee as a result of any contribution to, or participation in, any advertising, marketing, or promotional program.
If, notwithstanding this provision, Franchisee is deemed to have acquired any copyrights, contractual rights or common law rights in any advertising programs or materials, Franchisee shall execute (and shall cause its employees and agents to execute) such documents or instruments as Franchisor requests to effect assignment of such rights to Franchisor or its affiliate.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 FDD, Benjamin Franklin Plumbing maintains ownership of all copyrights and rights to advertising and promotional materials related to the franchised business, even those created by the franchisee. This includes materials containing the brand's trademarks or those related to the franchise, regardless of who created them.
Specifically, if a Benjamin Franklin Plumbing franchisee is deemed to have acquired any copyrights, contractual rights, or common law rights in advertising programs or materials, the franchisee is required to execute documents to assign those rights to the franchisor or its affiliate. This extends to ensuring that the franchisee's employees and agents also execute any necessary documents to transfer these rights.
This provision ensures that Benjamin Franklin Plumbing retains complete control over its brand and marketing efforts. It prevents franchisees from independently owning or controlling advertising materials, which could potentially dilute the brand's image or create inconsistencies in marketing campaigns. Prospective franchisees should be aware that any creative work they contribute to advertising or promotional materials ultimately becomes the property of the franchisor.