If a franchisee creates advertising materials, does Counselor Realty still own the copyright?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
on.
14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Counselor does not grant you the right to use any item covered by a patent or copyright, but does permit you to use proprietary information in applicable components of the Franchise Policy Guidelines. Although Counselor has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information in the entire Franchise Policy Guidelines is proprietary and Counselor owns the copyright in the entire Franchise Policy Guidelines, and in various advertising and sales promotion materials, and customer convenience and other materials, used in connection with your Office.
15. OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS
You or a Business manager you hire is required to participate personally in the day-to-day operations of the Business. Your hired manager (if any) is not required to hold an equity interest in the franchise. At your request, we may provide you and up to two of your key personnel initial training (the amount of such initial training shall be as determined by Counselor), and, upon your request, supplemental initial or ongoing training. See Items 6 and 11. You may not change ownership or control of the Franchise Agreement, the Office, any Additional Office, any Extension Office or Business, or a majority of the assets of the Office, any Additional Office, any Extension Office or Business, or, if you are an entity, ownership of a majority ownership interest of, or control of, you or any of your owners, in each case without our consent. See Item 17. If you are a
partnership, corporation or other entity, all of your partners, shareholders or owners from time to time shall execute the guaranty attached to the Franchise Agreement.
16.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 24)
What This Means (2025 FDD)
According to the 2025 Counselor Realty FDD, Counselor Realty does not grant franchisees the right to use any item covered by a copyright. However, franchisees are permitted to use proprietary information in applicable components of the Franchise Policy Guidelines. Counselor Realty owns the copyright to its Franchise Policy Guidelines, advertising and sales promotion materials, customer convenience materials, and other materials used in connection with a franchisee's office.
While franchisees can develop their own advertising materials, these materials must always conform to Counselor Realty's brand standards and image. Counselor Realty reserves the right to review and approve these materials and can require franchisees to alter or cease using any materials that do not meet their standards.
This means that while franchisees have some creative freedom in developing advertising, Counselor Realty maintains control over its brand and image. A franchisee should seek clarification regarding the specifics of copyright ownership of franchisee-created materials to fully understand their rights and obligations.