If a Big Air Trampoline Park franchisee creates Copyrighted Materials, who owns them?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) All right, title and interest in and to all materials, including but not limited to, all artwork and designs, created by Franchisor, and used with the Marks or in association with the Big Air Trampoline Business ("Copyrighted Materials") are the property of Franchisor.
Additionally, all Copyrighted Materials created by Franchisee or any other person or entity retained or employed by Franchisee are works made for hire within the meaning of the United States Copyright Act and are the property of Franchisor, who shall be entitled to use and license others to use the Copyrighted Materials unencumbered by moral rights.
To the extent the Copyrighted Materials are not works made for hire or rights in the Copyrighted Materials do not automatically accrue to Franchisor, Franchisee irrevocably assigns and agrees to assign to Franchisor, its successors and assigns, the entire right, title, and interest in perpetuity throughout the world in and to any and all rights, including all copyrights and related rights, in such Copyrighted Materials, which Franchisee and the author of such Copyrighted Materials warrant and represent as being created by and wholly original with the author.
Where applicable, Franchisee agrees to obtain any other assignments of rights in the Copyrighted Materials from another person or entity necessary to ensure Franchisor's right in the Copyrighted Materials as required in this Section 10.1(b).
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, any Copyrighted Materials created by a franchisee, or someone employed by them, are considered works made for hire and are the property of the franchisor, Big Air Franchising, LLC. This means Big Air Trampoline Park has the right to use and license these materials without owing any royalties or fees to the franchisee. This includes artwork, designs, and other materials associated with the Big Air Trampoline Business.
If the Copyrighted Materials are not legally considered works made for hire, the franchisee agrees to irrevocably assign all rights, titles, and interests to Big Air Trampoline Park. This assignment includes all copyrights and related rights, ensuring that Big Air Trampoline Park has full ownership. The franchisee also warrants that the materials are original to the author. The franchisee must also obtain any necessary assignments from other parties to ensure Big Air Trampoline Park's rights are protected.
This policy ensures that Big Air Trampoline Park maintains control over all Copyrighted Materials associated with the brand, allowing for consistent branding and marketing efforts across all franchise locations. It also protects the franchisor from potential copyright disputes and ensures they can freely use and license the materials created by franchisees. Prospective franchisees should be aware that they will not retain any ownership rights to any Copyrighted Materials they create for the Big Air Trampoline Business.