What is the Architect required to do to ensure Epcon Communities has exclusive ownership of the copyright?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
If any other party has any right, title or interest in the Works, Architect shall obtain all rights and assign such rights to Epcon.
The intent of this provision is to ensure that Epcon will be the exclusive owner of the copyright and of all rights comprised in the copyright of the Work, and that Epcon have the sole right to exercise all rights of the copyright owner with respect thereto, including without limitation all exclusive rights set forth in 17 U.S.C.
Sec. 106.
Architect represents and warrants to Epcon that:
(a) Architect has 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.
(b) Each Work does not and will not infringe upon or violate the copyrights, trademarks, or any other rights whatsoever of any person or entity.
(c) No adverse claim exists with respect to each Work and Architect has not assigned any Work to another person or entity.
(d) Each Work has not heretofore previously been published or exploited in any form anywhere in the world.
(e) Architect has the full and exclusive right and authority to enter into this agreement.
(f) Architect has obtained releases and assignments, if needed, from all required parties in each work.
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Architect will indemnify and save harmless Franchisee, Epcon, and Epcon's clients, customers, licensees or other permitted users of any Work, and their successors and assigns from and against any and all loss, damage or
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, if any other party possesses any right, title, or interest in the architectural works, the Architect is obligated to obtain all rights and then assign those rights to Epcon Communities. This provision is in place to guarantee that Epcon Communities has exclusive ownership of the copyright and all rights associated with it, allowing them to exercise all rights of the copyright owner, including those outlined in 17 U.S.C. Sec. 106. This ensures Epcon Communities has complete control over the use, modification, and distribution of its architectural works.
The Architect also represents and warrants to Epcon Communities that they have identified all individuals and entities who have contributed to the work, affirming that each work is original and that all agents involved have executed valid assignments of rights to the Architect, subject to Epcon Communities' rights in the Epcon Works. Furthermore, the Architect warrants that each work does not infringe upon or violate any copyrights, trademarks, or other rights of any person or entity, and that no adverse claim exists concerning each work. The Architect also confirms that they have not previously published or exploited the work in any form and that they possess the full and exclusive right and authority to enter into the agreement, having obtained all necessary releases and assignments from all required parties.
To further protect Epcon Communities, the Architect agrees to indemnify and hold harmless the franchisee, Epcon Communities, and Epcon Communities' clients, customers, licensees, and other permitted users from any loss, damage, or expense, including reasonable attorneys' fees, resulting from any breach or alleged breach of the representations and warranties made by the Architect. This comprehensive approach ensures that Epcon Communities maintains exclusive ownership and control over its copyrighted works, while also providing protection against potential legal claims arising from copyright infringement or other related issues.