Who owns the Copyrighted Materials created by the Big Air Trampoline Park franchisor?
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 the 2025 Big Air Trampoline Park FDD, the franchisor owns all rights, titles, and interests in the copyrighted materials they create. These copyrighted materials include artwork, designs, and other materials used with the Big Air Trampoline Park marks or in association with the Big Air Trampoline Business.
Furthermore, any copyrighted materials created by the franchisee or anyone they employ are considered "works made for hire" and are also the property of the franchisor. This means Big Air Trampoline Park has the right to use and license these materials without any restrictions. If these materials are not automatically considered works made for hire, the franchisee must irrevocably assign all rights and interests to the franchisor, ensuring that Big Air Trampoline Park maintains complete ownership and control over all copyrighted materials associated with the brand.
This policy ensures brand consistency and protects the franchisor's intellectual property. For a prospective franchisee, this means that while they may contribute to creating materials, the ownership and usage rights ultimately belong to Big Air Trampoline Park. Franchisees must also ensure that any third parties they hire assign their rights to the franchisor to avoid any conflicts over copyright ownership.