What is the definition of "Buffett Works" in the context of the Camp Margaritaville franchise?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Buffett" shall mean Jimmy Buffett, Coral Reefer Music, and/or The James W.
Buffett 1990 Trust (as amended);
"Buffett Agreement" shall have the meaning set forth in Section 8.01;
"Buffett IP Rights" shall mean, individually and collectively, the Buffett Works and the Personality Rights;
"Buffett Works" shall mean Compositions and photographic works, books, articles, films, videos and other audio-visual works, artwork, drawings, recipes, and other works of authorship 100% owned and controlled by Buffett, and, with respect to all of the foregoing, including all intellectual property rights embodied therein and appurtenant thereto;
Source: Item 18 — PUBLIC FIGURES (FDD pages 68–69)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, "Buffett Works" are defined as compositions, photographic works, books, articles, films, videos, artwork, drawings, recipes, and other works of authorship that are 100% owned and controlled by Jimmy Buffett, Coral Reefer Music, and/or The James W. Buffett 1990 Trust (as amended). This definition also encompasses all intellectual property rights embodied within and appurtenant to these works.
For a Camp Margaritaville franchisee, understanding the scope of "Buffett Works" is crucial because it delineates the intellectual property they are licensed to use. The franchise agreement grants franchisees the right to utilize these works in connection with operating their Camp Margaritaville Resort. However, the agreement also restricts the use of "Non-Buffett Works," which are musical compositions and other works for which Buffett does not own 100% of the publishing rights or control.
Camp Margaritaville franchisees need to be aware of these distinctions to ensure they comply with the terms of their franchise agreement and avoid potential copyright infringement issues. They must also secure appropriate licenses for any music played at the resort, including obtaining a SiriusXM Radio commercial rights license or a subscription to an approved audiovisual vendor, as well as licenses from music publishers and performing rights organizations like ASCAP, BMI, and SESAC.