What is the Architect assigning to Epcon Communities regarding the right to change 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.
This Agreement is intended to satisfy the requirements of 17 U.S.C.
Section 204.
Architect agrees to execute upon demand any additional assignments or other documents that Epcon may reasonably request in order to assign or confirm the assignment of all such copyrights from Architect to Epcon.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, an architect working with an Epcon Communities franchisee irrevocably transfers all worldwide rights, titles, and interests in the copyright of their work to Epcon Communities. This includes the right to modify, alter, or adapt the work. This assignment extends to all formats and media, whether existing now or created in the future, encompassing electronic and future media, translations, and all primary and subsidiary rights.
This transfer of rights includes the ability for Epcon Communities to pursue legal action for past infringements, register copyrights in their name, and license, sell, or assign the work as they see fit. Epcon Communities has the sole discretion to decide how to publish, advertise, publicize, and exploit the work. The architect also agrees to provide any additional documents Epcon Communities requests to confirm the copyright assignment.
This requirement ensures that Epcon Communities maintains complete control over its intellectual property. For a prospective franchisee, this means that any architectural work developed for their Epcon Communities project becomes the property of the franchisor. The franchisee must ensure that their architects understand and agree to these terms, as it is a condition of their franchise agreement. This arrangement protects Epcon Communities' brand standards and consistency across all franchise locations.
Furthermore, the architect represents and warrants to Epcon Communities that they have identified all persons and entities who have worked on the Work, each Work is or will be the original work of Architect and/or its agents who have executed valid assignments of rights to Architect, subject to the rights of Epcon in the Epcon Works. The architect also warrants that each Work does not and will not infringe upon or violate the copyrights, trademarks, or any other rights whatsoever of any person or entity.