What is the Architect's obligation to Epcon Communities regarding future copyright registrations for 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 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.
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Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, an architect working for an Epcon Communities franchisee has specific obligations regarding copyright registrations. The architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of their work to Epcon Communities. This transfer includes all formats and media, existing or future, translations, and primary and subsidiary rights.
Specifically, the rights transferred include the ability to sue for past infringement, collect damages, pursue remedies, and secure any copyright registrations, renewals, reissues, or extensions worldwide. Epcon Communities has the right to register the copyright in its name, license, sell, assign, or otherwise exploit the work as it sees fit. They also have the right to reproduce, alter, expand, change, modify, and adapt the work, and decide how to publish, advertise, publicize, and exploit it.
The architect also agrees to execute any additional assignments or documents that Epcon Communities may reasonably request to assign or confirm the assignment of all copyrights from the architect to Epcon Communities. If any other party has rights to the works, the architect must obtain and assign those rights to Epcon Communities. This ensures that Epcon Communities is the exclusive owner of the copyright and all rights within it, allowing them to exercise all rights of the copyright owner.