What does a Bumble Roofing franchisee warrant and represent regarding Copyrighted Materials they create?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
Additionally, all Copyrighted Materials created by Franchisee or any other person or entity retained or employed by Franchisee are works made for hire within the meaning of the United States Copyright Act and are the property of Franchisor or its Affiliate, who shall be entitled to use and license others to use the Copyrighted Materials unencumbered by moral rights.
To the extent the Copyrighted Materials are not works made for hire or rights in the Copyrighted Materials do not automatically accrue to Franchisor or its Affiliate, Franchisee irrevocably assigns and agrees to assign to Franchisor and/or its Affiliates (as Franchisor directs), and their respective successors and assigns, the entire right, title, and interest in perpetuity throughout the world in and to any and all rights, including all copyrights and related rights, in such Copyrighted Materials, which Franchisee and the author of such Copyrighted Materials warrant and represent as being created by and wholly original with the author.
Where applicable, Franchisee agrees to obtain any other assignments of rights in the Copyrighted Materials from another person or entity necessary to ensure Franchisor's right in the Copyrighted Materials as required in this Section 10.1(b).
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, any copyrighted materials created by a franchisee, or anyone they employ, are considered "works made for hire" under the United States Copyright Act. This means that Bumble Roofing or its affiliate automatically owns these materials. The franchisee has no rights to them.
To ensure Bumble Roofing's ownership, the franchisee must assign all rights, titles, and interests in these copyrighted materials to Bumble Roofing or its affiliates. This assignment is perpetual and worldwide, covering all copyrights and related rights. The franchisee warrants that the copyrighted materials are original creations of the author.
If necessary, the franchisee must also obtain assignments of rights from any other individuals or entities involved in creating the copyrighted materials to further secure Bumble Roofing's ownership. This comprehensive approach ensures that Bumble Roofing maintains full control over all copyrighted materials associated with the brand and its business operations.