Is Better Blend required to participate in the defense of a franchisee in a copyright proceeding?
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
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2024 FDD)
According to the 2024 Better Blend FDD, Better Blend is not required to participate in the defense of a franchisee in a copyright proceeding. The FDD states that Better Blend has no obligation to protect any of its copyrights or defend franchisees against claims arising from the use of copyrighted items. The franchise agreement does not require Better Blend to take affirmative action when notified of copyright infringement. Better Blend retains control over any copyright litigation.
Furthermore, Better Blend is not required to indemnify a franchisee for expenses or damages in a copyright-related proceeding. However, Better Blend may require a franchisee to modify or discontinue using the subject matter covered by any of its copyrights, and the franchisee will bear the expense of doing so.
This means that if a franchisee is sued for copyright infringement related to materials licensed from Better Blend, the franchisee will likely be responsible for their own defense. This could involve significant legal expenses and potential damages. Prospective franchisees should carefully consider this risk and consult with an attorney to understand their rights and obligations regarding copyright issues.