Are there any exceptions to Counselor Realty's copyright ownership of customer convenience materials?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 owns the copyright to its Franchise Policy Guidelines, advertising and sales promotion materials, and customer convenience materials. The FDD states that while Counselor Realty has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information within the guidelines is proprietary.
This means that as a franchisee, you are permitted to use the proprietary information within the Franchise Policy Guidelines, but Counselor Realty retains ownership of the copyright to the guidelines themselves and other specified materials. You do not have the right to use any item covered by a patent or copyright.
In practical terms, this means you must adhere to the guidelines and standards set forth by Counselor Realty when using these materials. You cannot reproduce, distribute, or create derivative works from these copyrighted materials without permission. This is a common practice in franchising, as it protects the brand's intellectual property and ensures consistency across all franchise locations.