Does Clear Pest Pros own any registered copyrights which are material to the franchise?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
You do not receive the right to use any item covered by a patent. There are no pending patent applications that are material to the franchise. We do not own any registered copyrights which are material to the franchise; however, we claim copyrights in the Operations Manuals, System Standards, advertising materials, Clear Pest Pros CRM, business forms, videos, CDs and other printed and advertising material used in operating the System. We have not registered these copyrights with the United States Registrar of Copyrights. You must use these items only in the way we specify and only while operating your Clear Pest Pros Business. You must comply if we require you to modify or discontinue using material of any of our copyrights and in such an event, we are not obligated to compensate you.
The Operations Manuals and System Standards are described in Item 11. You can use the proprietary information contained in the System Standards in connection with the operation of your Clear Pest Pros Business. Although we have not filed an application for a copyright registration for the Operations Manuals or System Standards, we claim a copyright, and the information is proprietary. Item 11 describes limitations on the use of the Operations Manuals by you and your employees. You must promptly tell us if you learn about unauthorized use of our proprietary information. We are not obligated to take any action but will respond to this information as we think appropriate.
There currently are no effective determinations of the Copyright Office (Library of Congress) or any court regarding any of the copyrighted materials. There are no agreements currently in effect that significantly limit our right to use or allow others to use the copyrighted materials. We do not actually know of any infringing uses that could materially affect your use of the copyrighted materials
in any state. We need not protect or defend copyrights, although we may do so when this action is, in our opinion, in the best interest of the System.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 55–56)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the company does not own any registered copyrights that are material to the franchise. However, Clear Pest Pros claims copyrights in its Operations Manuals, System Standards, advertising materials, Clear Pest Pros CRM, business forms, videos, CDs, and other printed and advertising material used in operating the System, even though these copyrights have not been registered with the United States Registrar of Copyrights. Franchisees are required to use these items only as specified by Clear Pest Pros and only while operating their Clear Pest Pros business. Franchisees must also comply with any requirements to modify or discontinue using any materials subject to these copyrights, without any obligation on Clear Pest Pros's part to provide compensation.
Clear Pest Pros states that there are no effective determinations from the Copyright Office or any court regarding the copyrighted materials, and no agreements are in effect that significantly limit their right to use or allow others to use the copyrighted materials. Clear Pest Pros also states that they are not aware of any infringing uses that could materially affect a franchisee's use of the copyrighted materials in any state. However, Clear Pest Pros does not have an obligation to protect or defend these copyrights, although they may choose to do so if they believe it is in the best interest of the System.
This means that while franchisees are granted the right to use certain copyrighted materials, these rights are subject to Clear Pest Pros's control and can be modified or revoked. The lack of registered copyrights could potentially expose franchisees to some risk, as the protection of these materials is not guaranteed. Prospective franchisees should consider the implications of using unregistered copyrighted materials and the potential for changes in the materials they are authorized to use.