Does Craters & Freighters claim common law and federal copyrights in its advertising materials?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
The information contained in the Operations Manuals is proprietary and is protected by copyright and other laws. The Operations Manuals and the limitations of the use of it by you and your employees are described in Item 11 and the Franchise Agreement. The designs contained in the Marks, the layout of our advertising materials, as well as any other writings, recordings in print or electronic form are also protected by copyright and other laws. Although we have not filed an application for copyright registration for the Operations Manuals, the trademarks, our website, our computer software programs, the advertising materials, or any other writings and recordings, we claim common law and federal copyrights in these items. We grant you the right to use this proprietary and copyrighted information ("Copyrighted Works") in connection with your operation of your Franchised Business, but these copyrights remain our sole property.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 34–35)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, Craters & Freighters asserts ownership of its advertising materials through common law and federal copyrights. While Craters & Freighters has not filed for copyright registration for its advertising materials, among other items, it still claims these copyright protections. As a franchisee, you are granted the right to use these copyrighted advertising materials in the operation of your Craters & Freighters franchise. However, the FDD clearly states that these copyrights remain the sole property of Craters & Freighters.
This means that while you can utilize the advertising materials provided by Craters & Freighters, you cannot claim ownership or modify them in a way that infringes on their copyright. It is a fairly standard practice in franchising for the franchisor to maintain control over its brand's intellectual property, including advertising materials, to ensure consistency and protect brand identity across all franchise locations.
The FDD also states that franchisees must notify Craters & Freighters within three days if they become aware of any unauthorized use of similar language or visual images. Craters & Freighters will then take action to protect its rights. Franchisees are prohibited from contesting Craters & Freighters' rights to its copyrighted works and must cooperate in any legal proceedings to protect these rights. This underscores the importance of using only approved advertising materials and immediately reporting any potential infringement to Craters & Freighters.