What is the Architect assigning to Epcon Communities regarding the right to adapt the Work?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Architect hereby irrevocably transfers, conveys and assigns all worldwide right, title and interest in the copyright of each such Work in all formats and media, whether now existing or hereafter devised, including all electronic and future media, all translations and all primary and subsidiary rights, to Epcon.
The rights transferred include but are not limited to the right to bring suit, collect damages and pursue all remedies for past infringement, all copyrights registrations of the Work, and the right to secure any copyright registrations, renewals, reissues or extensions of any such copyrights throughout the world, the right to register the copyright in Epcon's name, the right to license, sell, assign or otherwise exploit the Work as it sees fit in its sole discretion, the right to reproduce, alter, expand, change, modify and adapt the Work, and the sole right to decide whether and in what manner to publish, advertise, publicize, and exploit the Work.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, an architect working for a franchisee must transfer all rights to their work to Epcon Communities. This includes the copyright of each work in all formats and media, whether existing now or created in the future. The architect also assigns all rights to bring suit, collect damages, and pursue remedies for past infringement. Epcon Communities gains the right to register the copyright in its name and to license, sell, assign, or otherwise exploit the work as it sees fit.
Specifically, the architect assigns to Epcon Communities the right to reproduce, alter, expand, change, modify, and adapt the work. Epcon Communities also has the sole right to decide whether and how to publish, advertise, publicize, and exploit the work. This assignment ensures that Epcon Communities has complete control over the architectural designs and can use them as they see fit across their franchise network.
This requirement is intended to ensure that Epcon Communities maintains consistent branding and quality control across all its projects. By owning the rights to the architectural works, Epcon Communities can ensure that franchisees adhere to the established design standards and that any modifications or adaptations are in line with the overall brand strategy. This also protects Epcon Communities from potential copyright infringement issues and allows them to enforce their rights against unauthorized use of their designs.
For a prospective franchisee, this means that any architect they hire must agree to these terms and sign an agreement assigning all rights to Epcon Communities. This is a non-negotiable requirement, and failure to comply could result in a breach of the franchise agreement. Franchisees should ensure that their architects are aware of this requirement and are willing to sign the necessary documents to avoid any legal complications.