Who controls copyright litigation related to Better Blend's copyrights?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
We have no obligation to protect any of our copyrights or to defend you against claims arising from your use of copyrighted items. The franchise agreement does not require us to take affirmative action when notified of copyright infringement. We control any copyright litigation. We are not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. We may
require you to modify or discontinue using the subject matter covered by any of our copyrights, at your expense.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend retains control over any copyright litigation. The FDD states that Better Blend is not required to take affirmative action when notified of copyright infringement. Better Blend has the right to control any copyright litigation. Better Blend is also not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee.
This means that if a third party sues a Better Blend franchisee for copyright infringement related to materials licensed by Better Blend, Better Blend has the sole discretion to decide how to respond to the lawsuit. Better Blend is not obligated to defend the franchisee or cover their legal expenses.
Better Blend may require a franchisee to modify or discontinue using the subject matter covered by any of their copyrights, at the franchisee's expense. This could involve changing marketing materials, training programs, or other copyrighted content. The franchisee would have to bear the costs of these changes.
This allocation of control and responsibility is typical in franchising. Franchisors like Better Blend want to maintain consistent brand standards and protect their intellectual property, so they reserve the right to manage legal disputes related to copyrights. Franchisees should be aware of this and factor in the potential costs of copyright-related modifications or disputes.