Under what conditions can a Buildingstars franchisee use the copyrighted materials?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
any state.
ITEM 14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
No patents are material to the franchise. We and our Affiliates claim copyrights in the Confidential Operating Manual, sales material and brochures, and related items used in operating the franchise. We and our Affiliates have not registered these copyrights with the United States Registrar of Copyrights, but need not do so at this time to protect them. You may use these items only as we specify while operating your Business (and must stop using them if we so direct you).
There currently are no effective adverse determinations of the United States Patent and Trademark Office, the Copyright Office (Library of Congress), or any court regarding the copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of the copyrighted materials in any state.
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's 2025 Franchise Disclosure Document, Buildingstars and its affiliates claim copyrights to the Confidential Operating Manual, sales materials, brochures, and related items used in operating the franchise. A franchisee can use these copyrighted items only as specified by Buildingstars while operating their business. The franchisee must stop using these items if Buildingstars directs them to do so.
Buildingstars does not have registered copyrights with the United States Registrar of Copyrights, but they are not required to do so to protect them. A Buildingstars franchisee must promptly inform Buildingstars of any unauthorized use of copyrighted material. Buildingstars is not obligated to take action but will respond in a manner they deem appropriate.
Buildingstars retains control over any legal action regarding copyright infringement, even if the franchisee brings the matter to their attention. Buildingstars is not required to participate in the franchisee's defense or indemnify them for damages or expenses in a proceeding involving a copyright. Upon termination of the Franchise Agreement, the franchisee must discontinue the use of all marks, signs, colors, printed goods, and advertising indicative of Buildingstars' business and return any copyrighted materials provided by Buildingstars.