Can Better Blend franchisees use copyrighted materials during the franchise term?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
All of our original works of authorship fixed in a tangible medium of expression are automatically protected under the U.S. Copyright Act, whether or not we have obtained registrations. This includes our Brand Standards Manual as well as all other sales, training, management and other materials that we have created or will create. You may use these copyrighted materials during the term of the franchise, in a manner consistent with our ownership rights, solely for your franchised business.
We do not have any registered copyrights. There are no pending copyright applications for our copyrighted materials. There are no currently effective determinations of the U.S. Copyright Office (Library of Congress) or any court regarding any copyright.
There are no agreements currently in effect that limit our right to use or license the use of our copyrighted materials.
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.
We do not know of any copyright infringement that could materially affect you.
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, franchisees are permitted to use the company's copyrighted materials during the term of the franchise agreement. This includes the Brand Standards Manual, as well as all other sales, training, management, and other materials created by Better Blend. However, this usage is explicitly limited to activities that are consistent with Better Blend's ownership rights and solely for the operation of the franchised business.
Better Blend retains ownership of all original works of authorship, whether or not they have obtained copyright registrations. While franchisees can use these materials, they must do so in a manner that respects Better Blend's rights. Better Blend is not obligated to protect its copyrights or defend franchisees against claims arising from their use of copyrighted items. The franchise agreement does not require Better Blend to take action upon notification of copyright infringement.
Better Blend maintains control over any copyright litigation and is not required to participate in the defense of a franchisee or indemnify them for expenses or damages in a copyright-related proceeding. Better Blend may also require franchisees to modify or discontinue using material covered by their copyrights, at the franchisee's expense. Franchisees should be aware of these conditions and understand that while they have permission to use Better Blend's copyrighted materials, they must do so responsibly and in accordance with the guidelines set forth by the company.