Does Big Blue Swim School register its copyrights with the United States Copyright Office?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
applications are material to the franchise. We and our affiliates claim copyrights in the Operations Manual (containing our and our affiliates' trade secrets and Confidential Information), School blueprints and other design features, signage, graphics and design elements used in Marketing Materials, Marketing Materials, software, our System Website, LESSONBuddy, and similar items used in operating BIG BLUE Swim Schools. We and our affiliates have not registered these copyrights with the United States Copyright Office but currently need not do so to protect them. You may use copyrighted items only as we specify while operating your School (and must stop using them at our direction). You have no other rights under the Franchise Agreement with respect to a copyrighted item if we require you to modify or discontinue using the subject matter covered by the copyright. Our right to use many of the copyrighted materials described above and much of the Confidential Information described below arises from the same License Agreement described in Item 13.
There currently are no effective adverse material determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. Except for our agreement with Big Blue IP, no agreement limits our right to use or allow others to use copyrighted materials.
We do not actually know of any infringing uses of our or Big Blue IP's copyrights that could materially affect your using them in any state. We and Big Blue IP need not protect or defend copyrights, although we intend to do so if in the system's best interests. We and Big Blue IP have the right to control any action we choose to bring, even if you voluntarily bring the matter to our attention. You must follow any instructions we give you.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School and its affiliates claim copyrights to various materials, including the Operations Manual, school blueprints, design features, signage, graphics, marketing materials, software, the System Website, and LESSONBuddy. However, Big Blue Swim School has not registered these copyrights with the United States Copyright Office. The FDD states that they do not currently need to register these copyrights to protect them.
As a Big Blue Swim School franchisee, you are permitted to use these copyrighted items only as specified by Big Blue Swim School while operating your swim school. This use must cease if directed by Big Blue Swim School. The Franchise Agreement does not grant any additional rights regarding copyrighted items if Big Blue Swim School requires modifications or discontinuation of their use.
Furthermore, the document indicates that there are no current adverse material determinations from the USPTO or the United States Copyright Office regarding these copyrighted materials. Big Blue Swim School does not know of any infringing uses of their copyrights that could materially affect a franchisee's use of them. While Big Blue Swim School intends to protect and defend its copyrights if it is in the system's best interests, it is not obligated to do so. However, Big Blue Swim School will defend franchisees against any claim that their LESSONBuddy software infringes a patent or copyright in the United States.