Does Del Taco claim copyright protection in its Manuals and related materials?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
We claim copyright protection in our Manuals and related materials, although we have not registered those copyrights with the United State Copyright Office. We consider the Manuals and related materials confidential, proprietary and our property. You may use them only in the operation of your Restaurant as provided in the Franchise Agreement. You may not use our confidential and proprietary information in any unauthorized manner and must take reasonable steps to prevent its disclosure to others. Your right to use those materials continues as long as the Franchise Agreement remains in effect.
Neither the United States Copyright Office nor any court has made any currently effective material determinations regarding any of our copyrighted materials. We have no agreements in effect that significantly limit our right to use or license the use of our copyrighted materials. Finally, we know of no infringing uses that could materially affect your use of our copyrighted materials in any state. We have no obligation to protect or defend our copyrights or confidential information, although we intend to do so when in the best interest of our system.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 41–42)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco claims copyright protection in its manuals and related materials. However, Del Taco has not registered these copyrights with the United States Copyright Office. Del Taco considers these manuals and related materials to be confidential and proprietary, meaning a franchisee can only use them to operate their Del Taco restaurant as outlined in the Franchise Agreement.
As a franchisee, you are prohibited from using Del Taco's confidential and proprietary information in any unauthorized way. You must also take reasonable steps to prevent the disclosure of this information to others. Your right to use these materials is contingent upon the Franchise Agreement remaining in effect.
The FDD also states that neither the United States Copyright Office nor any court has made any effective material determinations regarding Del Taco's copyrighted materials. Del Taco does not have any agreements that significantly limit its right to use or license its copyrighted materials. Del Taco is also unaware of any infringing uses that could materially affect a franchisee's use of the copyrighted materials. While Del Taco has no obligation to protect or defend its copyrights or confidential information, it intends to do so when it is in the best interest of the Del Taco system.
This means that while Del Taco claims copyright protection, the lack of registration and the absence of any legal determinations could present some level of risk. A prospective franchisee should consider the implications of using unregistered copyrighted materials and the extent to which Del Taco will actively defend its intellectual property.