Does Budget claim a copyright in its Manual?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
No patents are pending that are material to Budget Franchises. 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. There are no effective determinations of the Copyright Office (Library of Congress), any state or any court, or any pending proceedings or litigation, regarding any of the copyrighted works. Budget has no actual knowledge of any superior prior rights to or infringements of the copyrighted works that could materially affect your use of the copyrighted works. No agreement limits Budget's right to use or license its copyrights.
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 Manual. The FDD specifies that Budget also claims a copyright in its advertising material, and related items used in operating a Budget franchise, regardless of whether these copyrights are registered with the United States Registrar of Copyrights. As a franchisee, you must notify Budget immediately of any potential copyright infringements or challenges.
Budget retains exclusive control over any legal actions related to these copyrights, including settlements, litigation, or administrative proceedings. The company has the discretion to take action or not, and franchisees should be aware that Budget is not obligated to defend or indemnify them in proceedings involving the copyrighted works.
Furthermore, Budget can direct franchisees to modify or discontinue the use of any copyrighted works, or to use additional or substitute copyrighted items. Franchisees are obligated to comply with these directions. The Budget FDD also states that the Manual contains confidential and proprietary information, which franchisees acknowledge they have no prior rights to. Franchisees are prohibited from reproducing, exhibiting, or disclosing the operating manual or any other confidential information about the Rent A Car System to anyone outside of their partners, shareholders, officers, and employees.