Who owns the copyright to advertising and promotional materials developed by or on behalf of the Del Taco franchisee?

According to Del Taco's 2025 Franchise Disclosure Document, Del Taco retains ownership of the copyright to advertising and promotional materials, even those developed by or for the franchisee. Specifically, the franchisee acknowledges and agrees that any and all copyright in and to advertising and promotional materials developed by or on behalf of Franchisee shall be the sole property of Del Taco. This means that while franchisees may contribute to the creation of advertising content, Del Taco ultimately owns the rights to these materials.

This provision allows Del Taco to maintain control over its brand image and marketing strategies. It ensures consistency in advertising and prevents franchisees from using materials that might not align with the brand's overall marketing plan. The franchisee also agrees to execute documents, and require its independent contractors to execute documents, as may be deemed reasonably necessary by Del Taco to give effect to this provision.

For a prospective franchisee, this means that any advertising ideas or materials they develop for their local Del Taco restaurant become the property of the franchisor. While franchisees can participate in local advertising and promotion, they must obtain written approval from Del Taco for all plans and materials. This requirement ensures that all advertising aligns with Del Taco's standards and protects the brand's intellectual property. Franchisees should be aware that they cannot independently control the advertising content and must work within the framework established by Del Taco.