Does Carvel retain ownership of copyrights relating to building designs and construction plans?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing. No materials on which any of the Marks appears will be used by you without our prior written approval, which may be revoked at any time upon reasonable notice to you. You must display the Marks in a manner that we specify on signage at the Franchised Business and on forms, advertising, supplies, employee uniforms, business cards, and other materials we designate.
- 9.2 Copyrights. You acknowledge that as between you and us, any and all present or future copyrights relating to the System or the Business concept, including the Manuals (including the Supplements); the Recipes; our building designs, architectural renderings, and construction plans; and certain forms, advertisements, images, art, photography, promotional materials, and other written materials that we produce (collectively, the "Copyrights") belong solely and exclusively to us or our affiliates. You have no interest in the Copyrights beyond the non-exclusive license granted in this Agreement. Your use of the Copyrights inures to our benefit.
- 9.3 No Contesting Our Rights. During the Term and after its expiration or termination, you agree not to directly or indirectly contest our or our affiliates'
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel retains sole and exclusive ownership of copyrights relating to building designs and construction plans. Specifically, Carvel or its affiliates own the copyrights to the System or the Business concept, including the Manuals (including the Supplements); the Recipes; building designs, architectural renderings, and construction plans; and certain forms, advertisements, images, art, photography, promotional materials, and other written materials that Carvel produces.
As a Carvel franchisee, you are granted a non-exclusive license to use these copyrights, but you do not have any ownership interest in them. This means you can use the building designs and construction plans to build and operate your Carvel franchise, but you cannot claim ownership of them or use them for any other purpose without Carvel's permission. Furthermore, any use of the Copyrights by the franchisee inures to Carvel's benefit.
The franchise agreement also states that during the term of the agreement and after its expiration or termination, franchisees cannot contest Carvel's ownership, title, right, or interest in the copyrights. Carvel also has the right to change, discontinue, or substitute any of the Intellectual Property, including building designs, at its sole discretion, without any liability to the franchisee. Franchisees are responsible for implementing these changes at their own expense within a reasonable timeframe specified by Carvel.
This is a fairly standard arrangement in franchising, where the franchisor maintains control over its brand's intellectual property to ensure consistency and protect its brand identity. Prospective Carvel franchisees should understand that they are essentially renting the use of these designs and other intellectual property and must adhere to Carvel's standards and any changes Carvel makes to them.