What is the Architect's obligation to Epcon Communities regarding reissues of copyright 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 the 2025 Epcon Communities FDD, an architect working with an Epcon Communities franchisee must adhere to specific copyright obligations. The architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of their work to Epcon Communities. This transfer includes rights in all formats and media, whether existing now or created in the future, encompassing electronic and future media, translations, and all primary and subsidiary rights.
This transfer of rights includes the ability for Epcon Communities to pursue legal action for past infringements, register copyrights, and secure renewals, reissues, or extensions of these copyrights globally. Epcon Communities has the right to register the copyright under its name, license, sell, assign, or otherwise use the work as it sees fit. This also 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 agrees to execute any additional assignments or documents that Epcon Communities may reasonably request to 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, ensuring that Epcon Communities is the exclusive owner of the copyright. This provision ensures Epcon Communities has the sole right to exercise all rights of the copyright owner.