What rights does Bumble Roofing or its affiliate have regarding Copyrighted Materials created by the franchisee?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event that Franchisee acquires any rights, title or interest in the Marks, Franchisee agrees to assign and hereby assigns all such rights, title or interest to Franchisor or Lynx IP, as requested by Franchisor.
- (b) All right, title and interest in and to all materials, including but not limited to, all artwork and designs, created by Franchisor, and used with the Marks or in association with the Business ("Copyrighted Materials") are the property of Franchisor or its Affiliate.
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, Bumble Roofing or its affiliate maintains ownership rights over copyrighted materials, even those created by the franchisee. Specifically, any copyrighted materials created by the franchisee, or anyone employed by the franchisee, are considered "works made for hire" and thus become the property of Bumble Roofing or its affiliate. This includes the right to use and license these materials without any restrictions related to moral rights.
If, for any reason, the copyrighted materials are not legally classified as "works made for hire," the franchisee is obligated to irrevocably assign all rights, titles, and interests in the materials to Bumble Roofing or its affiliates. This assignment covers all rights, including copyrights and related rights, worldwide and in perpetuity. The franchisee also warrants that the materials are original creations of the author.
Furthermore, the franchisee is responsible for obtaining any necessary assignments of rights from other parties to ensure that Bumble Roofing's rights to the copyrighted materials are fully secured. This comprehensive transfer of rights ensures that Bumble Roofing has complete control and ownership over all copyrighted materials associated with the Bumble Roofing brand, regardless of who creates them. This is a fairly standard practice in franchising, as it protects the brand's intellectual property and ensures consistent marketing and branding efforts across all franchise locations.