What are the "Copyrighted Materials" that Brightstar Care claims a common law copyright in?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
he breach and notice of termination.
We claim a common law copyright in the information contained in the Franchise Agreement, Operations Manual, licensed copyrighted materials that we sublicense to you, and in all present or future advertising and promotional materials we create, all of which we collectively call the "Copyrighted Materials." You may use the Copyrighted Materials only to promote your Agency during the franchise term and only in the manner we authorize.
We consider all information in the Operations Manual to be proprietary and confidential and our trade secrets.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 77–79)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the company claims common law copyright in several categories of materials. These "Copyrighted Materials" include the information contained within the Franchise Agreement itself, the Operations Manual that guides franchisees in running their businesses, any licensed copyrighted materials that Brightstar Care sublicenses to franchisees, and all present or future advertising and promotional materials created by Brightstar Care.
Brightstar Care restricts how franchisees can use these Copyrighted Materials. Franchisees are only allowed to use them to promote their Brightstar Care agency during the term of the franchise agreement. Furthermore, this use must be in a manner specifically authorized by Brightstar Care. This means a franchisee cannot independently alter or expand the use of these materials without explicit permission from the franchisor.
Brightstar Care also retains the right to modify, add to, or discontinue any of the Copyrighted Materials. Franchisees are obligated to conform to these changes at their own expense. Franchisees are also prohibited from contesting Brightstar Care's ownership or interest in the Copyrighted Materials, proprietary information, or trade secrets. Franchisees must adhere to Brightstar Care's rules and guidelines when using the Copyrighted Materials, including using any special notices of registration that Brightstar Care designates.