What is the Architect's obligation to Epcon Communities regarding exploiting the Work?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
assignments contained herein from any architect or contractor who changes, modifies or revises an Epcon Works; and
- D. In consideration of the continuation of the business relationship between Franchisee and Architect, Franchisee and Architect desire to have this Agreement serve to set forth their mutual understanding regarding the ownership of all Works created for Franchisee, both prior to and subsequent to this Agreement.
The following terms and conditions shall apply to all Works created by Architect for Franchisee:
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- 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 decid
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, an architect working with an Epcon Communities franchisee must transfer all rights, titles, and interests in the copyright of their work to Epcon Communities. This includes the right to use, license, sell, modify, and adapt the work as Epcon Communities sees fit. The architect essentially gives up all control and ownership of the designs to Epcon Communities. This transfer encompasses all formats and media, including electronic and future media, translations, and primary and subsidiary rights.
This requirement ensures that Epcon Communities maintains complete control over its intellectual property. The architect warrants 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 confirms that the work does not infringe on any copyrights or trademarks of others and that they have the full authority to enter into this agreement.
For a prospective Epcon Communities franchisee, this means that any architect they hire must agree to these terms. It is crucial that the franchisee ensures that the architect understands and accepts this obligation before commencing any work. The franchisee could face legal repercussions if the architect fails to properly assign the rights to Epcon Communities.
This arrangement is not uncommon in franchising, where franchisors often require control over intellectual property to maintain brand consistency and protect their systems. However, franchisees should be aware of this requirement and ensure compliance to avoid potential conflicts or legal issues with Epcon Communities.