What is the Architect's obligation to Epcon Communities regarding primary rights of 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.
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 is obligated to transfer all rights, titles, and interests in the copyright of each work to Epcon Communities. This transfer includes all formats and media, whether existing or created in the future, encompassing electronic and future media, translations, and all primary and subsidiary rights.
The rights transferred to Epcon Communities include the ability to bring lawsuits, collect damages, pursue remedies for past infringements, register copyrights, and secure renewals or extensions of copyrights worldwide. Epcon Communities also has the right to register the copyright in its name, license, sell, assign, or otherwise exploit the work as it sees fit, including the right to reproduce, alter, expand, change, modify, and adapt the work. Furthermore, Epcon Communities has the sole right to decide how to publish, advertise, publicize, and exploit the work.
If any other party possesses any right, title, or interest in the works, the architect is responsible for obtaining all such rights and assigning them to Epcon Communities. The intention is to ensure that Epcon Communities is the exclusive owner of the copyright and all rights associated with it, allowing Epcon Communities to exercise all rights of the copyright owner, including the exclusive rights outlined in 17 U.S.C. Sec. 106.
This requirement ensures that Epcon Communities maintains control over its intellectual property and can protect its designs and works from unauthorized use or modification. For a prospective franchisee, this means that any architectural work related to Epcon Communities' projects must be fully assigned to Epcon Communities, and the franchisee must ensure that their architects comply with this requirement.