Does Corcoran own the copyright rights to the materials provided to franchisees?
Corcoran Franchise · 2025 FDDAnswer from 2025 FDD Document
Although formal application(s) for a copyright registration of all materials may not have been filed with the United States. Copyright Office, we own all copyright rights and/or have the exclusive right to license the copyright rights in and to the materials.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 61–62)
What This Means (2025 FDD)
According to Corcoran's 2025 Franchise Disclosure Document, while formal copyright registration applications for all materials may not have been filed with the United States Copyright Office, Corcoran asserts that it owns all copyright rights and/or has the exclusive right to license the copyright rights in and to the materials provided to franchisees. These materials include the P&P Manual, the Brand Guide, educational resources, advertising and promotional materials, and computer software programs. This means that as a franchisee, you are granted a license to use these materials, but Corcoran retains ownership of the copyrights.
This has several implications for a prospective Corcoran franchisee. First, franchisees must adhere to the guidelines and standards set forth in the P&P Manual and Brand Guide, as these are copyrighted materials owned by Corcoran. Corcoran also has the right to modify or discontinue the use of any copyrighted materials, and franchisees are obligated to comply with these changes, typically with at least 90 days' notice. Furthermore, franchisees must protect the confidentiality of these materials and not contest Corcoran's rights to them.
Additionally, franchisees are required to notify Corcoran of any unauthorized use of its copyrighted materials and cooperate in any legal actions related to these copyrights. However, Corcoran is not obligated to participate in or indemnify franchisees in litigation involving their use of proprietary information covered by Corcoran's copyrights, unless required by state law or a state addendum to the Franchise Agreement. This underscores the importance of using the provided materials strictly within the bounds of the franchise agreement and maintaining their confidentiality to avoid potential legal issues.