Is the Bombs Away Brand Standards Manual protected under U.S. Copyright Act?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
All of our original works of authorship fixed in a tangible medium of expression are automatically protected under the U.S. Copyright Act, whether or not we have obtained registrations. This includes our Brand Standards Manual as well as all other sales, training, management and other materials that we have created or will create. You may use these copyrighted materials during the term of the franchise, in a manner consistent with our ownership rights, solely for your franchised business.
We do not have any registered copyrights. There are no pending copyright applications for our copyrighted materials. There are no currently effective determinations of the U.S. Copyright Office (Library of Congress) or any court regarding any copyright.
There are no agreements currently in effect that limit our right to use or license the use of our copyrighted materials.
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 require you to modify or discontinue using the subject matter covered by any of our copyrights, at your expense.
We do not know of any copyright infringement that could materially affect you.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Bombs Away FDD, Bombs Away's original works, including the Brand Standards Manual, are automatically protected under the U.S. Copyright Act. This protection applies whether or not Bombs Away has obtained registrations. As a franchisee, you are permitted to use these copyrighted materials during the term of your franchise, but only in a manner consistent with Bombs Away's ownership rights and solely for your franchised business.
Bombs Away does not have any registered copyrights or pending copyright applications. Additionally, there are no current determinations from the U.S. Copyright Office or any court that would affect these copyrights. Furthermore, no agreements limit Bombs Away's right to use or license its copyrighted materials.
Bombs Away is not obligated to protect its copyrights or defend franchisees against claims arising from their use of copyrighted items. The franchise agreement does not require Bombs Away to take action if notified of copyright infringement, and Bombs Away retains control over any copyright litigation. Bombs Away is not required to participate in the defense of a franchisee or provide indemnity for expenses or damages in copyright-related proceedings. Bombs Away may also require franchisees to modify or discontinue using material covered by their copyrights, at the franchisee's expense. Bombs Away states that they are unaware of any copyright infringement that could materially affect franchisees.