What should a Buildingstars franchisee do if they learn about unauthorized use of copyrighted material?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
You must also promptly tell us when you learn about unauthorized use of this copyrighted material. BUILDINGSTARS is not obligated to take any action but will respond to this information in a manner we think is appropriate. We need not protect or defend copyrights, although we intend to do so if in the system's best interests. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 28)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, a franchisee must promptly inform Buildingstars if they become aware of any unauthorized use of Buildingstars' copyrighted material. While Buildingstars is not obligated to take any action, they will respond to the information as they deem appropriate. Buildingstars retains control over any legal action they choose to pursue, even if the franchisee brings the matter to their attention. Buildingstars is not required to participate in the franchisee's defense or provide indemnity for damages or expenses in a copyright-related proceeding.
This means that if a Buildingstars franchisee discovers someone is improperly using Buildingstars' copyrighted materials, such as the Confidential Operating Manual or sales brochures, they are contractually obligated to notify Buildingstars. However, franchisees should understand that Buildingstars has the sole discretion to decide how to respond, including whether to take legal action or not.
This clause protects Buildingstars' intellectual property rights and ensures they maintain control over their brand and copyrighted materials. For a franchisee, it highlights the importance of being vigilant about protecting Buildingstars' copyright and reporting any potential infringements. However, it also clarifies that the franchisee is not responsible for independently enforcing those rights or bearing the costs of legal action. Franchisees should seek clarification from Buildingstars about what constitutes unauthorized use and the specific procedures for reporting such instances.