Are there any limitations on the use of Jimmy Buffett's compositions by Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Jimmy Buffett, along with his entity, Coral Reefer Music and all other entities majority owned and controlled by Jimmy Buffett, granted an exclusive right to use and sublicense, in connection with hospitality and other businesses, any of his compositions, current and future photographic works, books, articles, films, videos and other audio-visual works, artwork, drawings, recipes, and other works of authorship solely owned and controlled by Jimmy Buffett ("Buffett Works") along with the non-exclusive rights to use his personality, including his name, image, likeness, signature, photograph, gestures, distinctive appearances, and mannerisms ("Buffett Personality Rights") (collectively "Buffett IP Rights") to Margaritaville Enterprises, pursuant to a license agreement dated February 27, 2014. Jimmy Buffett's rights and
obligations under the license agreement have been assumed by The James W. Buffett 1990 Trust (as amended) (the "Trust"). Margaritaville Enterprises then sublicensed the use of the Buffett IP Rights to Camp Margaritaville Resorts for the purposes of creating, operating, and franchising the Camp Margaritaville System and other related purposes pursuant to a sublicense agreement dated January 14, 2019.
Source: Item 18 — PUBLIC FIGURES (FDD pages 68–69)
What This Means (2025 FDD)
According to the 2025 FDD, Camp Margaritaville has specific guidelines regarding the use of Jimmy Buffett's compositions. Margaritaville Enterprises has an exclusive right to use and sublicense compositions 100% owned and controlled by Jimmy Buffett, referred to as "Buffett Works," for hospitality and other businesses. This right was granted through a license agreement dated February 27, 2014, and Jimmy Buffett’s rights and obligations have been assumed by The James W. Buffett 1990 Trust. Margaritaville Enterprises then sublicensed the use of the Buffett IP Rights to Camp Margaritaville Resorts for the purposes of creating, operating, and franchising the Camp Margaritaville System and other related purposes pursuant to a sublicense agreement dated January 14, 2019.
Camp Margaritaville's use of Jimmy Buffett's compositions is subject to the terms of the sublicense agreement. The FDD defines "Compositions" as all musical compositions written by Jimmy Buffett, including lyrics and titles, where Buffett owns 100% of the publishing rights. For compositions where Buffett does not own 100% of the publishing rights, they are considered "Non-Buffett Works." The distinction is important because the rights to use these two categories of compositions may differ.
Camp Margaritaville franchisees need to be aware of these distinctions and ensure they adhere to the guidelines set forth in the franchise agreement and related documents when using Jimmy Buffett's music. Unauthorized use of compositions could lead to legal issues and potential breaches of the franchise agreement. Additionally, the franchisee must obtain prior written approval for incorporating any element of the Camp Margaritaville Intellectual Property into any audio or video programming at the Resort, or other entertainment programming at the Resort. This includes ensuring compliance with royalty payments and any other obligations stipulated in the licensing agreements.