Under what conditions can a Clean Your Dirty Face franchisee use the copyrighted items?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use these items only as we specify while operating your CYDF Facial Bar (and must stop using them if we so direct you).
There currently are no effective adverse determinations of the United States Copyright Office (Library of Congress) or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the Confidential Information (defined below) or copyrighted materials. We know of no infringing uses of our copyrights which could materially affect your using the copyrighted materials in any state. We need not protect or defend our copyrights, although we intend to do so if we determine that it is in the Franchise System's best interests. We may control any action involving the copyrights, even if you voluntarily bring the matter to our attention. We neither need to participate in your defense nor indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 42–43)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, franchisees can use copyrighted items only as specified by the franchisor while operating their Clean Your Dirty Face Facial Bar. This includes the Operations Manual (containing trade secrets), handbooks, Franchise System Websites, advertising and marketing materials, and all or part of the Marks. The franchisee must stop using these items if Clean Your Dirty Face directs them to do so.
This means that a Clean Your Dirty Face franchisee's use of these copyrighted materials is not open-ended. It is subject to the franchisor's control and can be revoked at their discretion. The franchisee does not have unlimited rights to modify or adapt these materials. They must adhere to the franchisor's specifications and instructions.
Clean Your Dirty Face retains the right to control any action involving the copyrights, even if the franchisee brings the matter to their attention. Clean Your Dirty Face is not obligated to participate in the franchisee's defense or indemnify them for damages or expenses in a proceeding involving a copyright. This indicates that the franchisor intends to maintain control over its copyrighted materials and may not provide direct support to franchisees in copyright-related legal matters.