Who has the exclusive rights to bring an action for copyright infringement related to a Body20 studio?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
Any copyrights used by you in the Studio belong solely to us or our affiliates. You agree to notify us in writing of any suspected infringement of our or our affiliates' copyrights. We and our affiliates have exclusive rights to bring an action for infringement and retain any amounts recovered with respect to such action, and to control any infringement proceeding whether brought by or against us or you. We have no obligation to defend or otherwise protect you against any claims involving any copyright, including without limitation any copyright infringement claim, or to indemnify you for any losses you may incur as a result of our copyrights infringing the rights of any other copyright owner. If so requested by us, you will discontinue the use of the subject matter covered by any copyright used in connection with the Studio.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 54–55)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 and its affiliates retain exclusive rights to bring legal action for copyright infringement related to the Body20 studio. As a franchisee, you must notify Body20 in writing if you suspect any infringement of their copyrights.
This means that if someone copies or uses Body20's copyrighted materials without permission, only Body20 or its affiliates can sue the infringing party. The franchisee cannot independently pursue legal action for copyright infringement. Furthermore, Body20 maintains control over any infringement proceedings, whether they initiate the action or it is brought against them or the franchisee.
Body20 is also entitled to retain any recovered funds from such legal actions. The franchisee is obligated to assist Body20 in these proceedings by executing necessary documents. However, Body20 is not obligated to defend the franchisee against copyright infringement claims or indemnify them for any losses incurred as a result of copyright infringements. If Body20 requests, the franchisee must discontinue using any subject matter covered by a copyright.
This allocation of rights and responsibilities is typical in franchising, where the franchisor owns the intellectual property and must protect its brand standards. The franchisee benefits from using the established brand and materials but must adhere to the franchisor's control over intellectual property matters.