What is the Architect's obligation to Epcon Communities regarding electronic media of 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.
If any other party has any right, title or interest in the Works, Architect shall obtain all rights and assign such rights to Epcon.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, any architect who modifies or revises Epcon Communities' work for a franchisee must transfer all rights to Epcon Communities. This transfer includes all formats and media, whether existing or created in the future, encompassing electronic and future media, translations, and primary and subsidiary rights. This ensures Epcon Communities has complete ownership of the copyright for each work.
The architect must transfer all global rights, titles, and interests in the copyright of each work to Epcon Communities. This encompasses the right to pursue legal action, collect damages, and seek remedies for past infringements. Epcon Communities also has the right to register copyrights in its name, license, sell, assign, or otherwise use the work as it sees fit. This includes the right to reproduce, alter, expand, change, modify, and adapt the work, as well as the sole right to decide how to publish, advertise, publicize, and exploit the work.
Furthermore, the architect must execute additional assignments or documents if Epcon Communities requests them to confirm the transfer of copyrights. If any other party has rights to the works, the architect is responsible for obtaining and assigning those rights to Epcon Communities. The architect also warrants that they have identified all persons who worked on the project, that the work is original, and that it does not infringe on any copyrights or trademarks. They also confirm they have the authority to enter into the agreement and have obtained all necessary releases and assignments from required parties.
This requirement ensures that Epcon Communities maintains control over its intellectual property and can protect its brand standards across all franchise locations. For a prospective franchisee, this means they must ensure any architect they work with understands and complies with these obligations to Epcon Communities. Failure to do so could result in legal issues and potential breaches of the franchise agreement.