Can Burros Fries use its copyrights to market on the Internet?

According to Burros Fries's 2024 Franchise Disclosure Document, franchisees are significantly restricted in their ability to independently market on the internet. The FDD states that the internet is a channel of distribution exclusively reserved for Burros Fries. A franchisee cannot independently market on the internet or conduct e-commerce without the express written consent of Burros Fries.

Burros Fries will provide franchisees with a Burros & Fries web page housed within the corporate website. Franchisees can customize parts of this page, but only with the franchisor's approval, and the overall look must remain consistent with the standards outlined in the Operations Manual. All maintenance, changes, edits, and updates to the web page must be performed by Burros Fries, its affiliates, or approved vendors, with the franchisee responsible for the costs of these changes upon written approval of their request.

Furthermore, franchisees are prohibited from establishing or using any website or conducting any type of promotion over the internet without prior written approval from Burros Fries. If approval is granted, franchisees must adhere to Burros Fries's requirements regarding discussing, advertising, or disseminating any information about the business on a website, as detailed in Section 6 of the Franchise Agreement. Burros Fries retains ownership of all copyright and other intellectual property rights to the web page, the corporate website, and any other website upon the expiration or termination of the agreement. This agreement is considered a "work for hire," and franchisees agree to assign all copyright and other intellectual property rights to any customizations to Burros Fries, ensuring the franchisor maintains control over the brand's online presence.