Does Benjamin Franklin Plumbing retain copyright ownership of the Brand Standards Manuals?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
use them in the operation of the Franchised Business in compliance with the terms of this Agreement. If you prepare any adaptation, translation or other work derived from the Works, whether or not authorized by us, you agree that the material will be our property, and you hereby assign all your right, title and interest therein to us. You agree to sign any documents we deem necessary to confirm our ownership.
- 11.6. Third-Party Challenges. You agree to notify us promptly of any unauthorized use of the Marks or Works that you suspect or of which you have knowledge. You also agree to inform us promptly of any challenge to the validity of, our ownership of, or our right to license others to use any of the Marks or Works. We have the exclusive right (but no obligation) to initiate, direct and control any litigation or administrative proceeding relating to the Marks and Works, including any settlement. You agree to sign documents and render any other assistance our counsel may deem necessary to protect our interests in the Marks and the Works.
- 11.7. No Representation. Franchisor makes no representation or warranty, express or implied, as to the use, exclusive ownership, validity or enforceability of the Marks or Works.
12. BRAND STANDARDS MANUALS
We will furnish you with one copy of, or electronic access to, the Brand Standards Manuals. We own the copyright in the Brand Standards Manuals and any portions in your possession or control are on loan from us and remain our property. We have the right to modify the Brand Standards Manuals at any time to reflect changes in the Brand Standards.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing retains copyright ownership of the Brand Standards Manuals. The FDD states that the Brand Standards Manuals remain the property of Benjamin Franklin Plumbing, and any copies in the franchisee's possession are considered to be on loan. Benjamin Franklin Plumbing has the right to modify these manuals at any time to reflect changes in the Brand Standards. In case of a dispute, the master copy held at Benjamin Franklin Plumbing's principal office will take precedence.
As a franchisee, you are authorized to use the copyrighted materials, referred to as "Works," which include the Brand Standards Manuals, advertisements, promotional materials, and other items, but this use is conditional upon compliance with the franchise agreement. The agreement does not grant you any ownership interest in these "Works," only the right to use them for operating the franchised business. Any adaptations or derivative works created from these materials, whether authorized or not, become the property of Benjamin Franklin Plumbing, and you are required to assign all rights to them.
This means that while franchisees receive access to the Brand Standards Manuals and other copyrighted materials necessary to operate their Benjamin Franklin Plumbing franchise, they do not own these materials. They must adhere to the most current version of the manuals as maintained by the franchisor and cannot create their own versions or adaptations without assigning ownership to Benjamin Franklin Plumbing. This is a common practice in franchising, ensuring brand consistency and quality control across all franchise locations.