What is the Architect assigning to Epcon Communities regarding the right to register the copyright in Epcon's name?
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, the Architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of each work to Epcon Communities. This includes the right to register the copyright in Epcon Communities' name. This assignment covers 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 provision ensures that Epcon Communities has complete control over the copyrighted works created for its franchisees. The rights transferred include the ability to bring lawsuits, collect damages, and pursue remedies for past infringements. Epcon Communities also has the right to secure copyright registrations, renewals, reissues, or extensions of such copyrights worldwide. Furthermore, Epcon Communities has the authority to license, sell, assign, or otherwise exploit the work as it sees fit, including the right to reproduce, alter, expand, change, modify, and adapt the work. The company also has the sole right to decide how to publish, advertise, publicize, and exploit the work.
For a prospective Epcon Communities franchisee, this means that any architectural work created for their franchise must have its copyright assigned to Epcon Communities. This requirement is intended to protect Epcon Communities' intellectual property and ensure consistency across the franchise system. The franchisee must ensure that any architect they work with understands and agrees to these terms. This arrangement is not uncommon in franchising, as franchisors often need to maintain control over their brand's intellectual property.
The agreement also states that if any other party has rights to the works, the Architect must obtain and assign those rights to Epcon Communities. The Architect also agrees to provide additional assignments or documents if requested by Epcon Communities to confirm the copyright assignment. This comprehensive assignment ensures that Epcon Communities has the exclusive rights to use, modify, and protect the architectural designs associated with its brand.