What is the Architect's obligation to Epcon Communities regarding licensing the Work?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Franchisee is a franchisee of Epcon; and
- B. Franchisee and Architect entered into contract(s) for certain architectural services described therein; and
- C. Epcon requires Franchisee, pursuant to the terms of the Franchise Agreement between Epcon and Franchisee, to obtain the representations and 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:
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 Epcon Communities' 2025 Franchise Disclosure Document, any architect who modifies or revises Epcon Communities' works under contract with a franchisee must transfer all rights, titles, and interests in the copyright of that work to Epcon Communities. This transfer is comprehensive, encompassing all formats, media, and rights, including the ability to pursue legal remedies for past infringements. The agreement between the franchisee and the architect serves to confirm this understanding regarding the ownership of all works created for the franchisee.
The architect irrevocably assigns all worldwide rights to Epcon Communities, which includes the right to register the copyright in Epcon's name, license, sell, assign, or otherwise exploit the work as it sees fit. Epcon Communities also has the right to reproduce, alter, expand, change, modify, and adapt the work, and decides how to publish, advertise, publicize, and exploit the work. The architect also agrees to execute any additional documents that Epcon may reasonably request to confirm the assignment of copyrights.
Furthermore, if any other party possesses rights to the works, the architect is obligated to obtain and assign those rights to Epcon Communities. This ensures that Epcon Communities maintains sole ownership and control over its intellectual property. The architect also acknowledges that certain information and materials related to the Epcon Communities Development System contain confidential and proprietary trade secret information owned by Epcon Communities Franchising, LLC. The architect's agreement confirms that neither the Franchise Agreement, the Sublicense Agreement, nor the Personal Covenants and Agreement create any implied license to use, copy, distribute, or create derivative works from any copyrighted work owned by Epcon Community Franchising, LLC.