Does Budget claim a copyright in its advertising material?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
Budget claims a copyright in its Manual, advertising material, and related items used in operating a Budget Franchise, whether Budget registered or unregistered with the United States Registrar of Copyrights.
You must immediately notify Budget of any actual or apparent infringement of, or challenge to, any of the copyrighted works, or any person's claim of any rights in the copyrighted works. Budget may take any action (or no action) in response to these matters and control exclusively any settlement, litigation, arbitration, administrative, or other proceeding arising out of any alleged infringement, challenge, or claim or otherwise relating to the copyrighted works. Budget has no obligation to participate in your defense or indemnify you for damages or expenses you incur if you are a party to any proceeding involving the copyrighted work. If it becomes advisable at any time in Budget's judgment for you to modify or discontinue using any of the copyrighted works and/or for you to use one or more additional or substitute copyrighted or copyrightable items, you must comply with Budget's directions.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 64–65)
What This Means (2025 FDD)
According to Budget's 2025 Franchise Disclosure Document, Budget claims a copyright in its advertising materials. This copyright applies whether or not Budget has registered the materials with the United States Registrar of Copyrights. This means that Budget asserts legal ownership and control over its advertising content.
As a Budget franchisee, you must immediately inform Budget of any potential copyright infringement or challenges to these copyrighted works. Budget has the sole discretion to take action, or not, regarding these issues, including settlements, litigation, or other proceedings.
Budget is not obligated to defend you or cover any expenses if you become involved in a legal proceeding related to the copyrighted material. Furthermore, if Budget deems it necessary, you must modify or discontinue using any copyrighted works and adopt any additional or substitute copyrighted items as directed by Budget. This ensures Budget maintains control over its brand and advertising materials, but it also places the responsibility on the franchisee to adhere to Budget's directives regarding these materials.