What is the Architect's obligation to Epcon Communities regarding translations of the Work?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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 creates work for a franchisee is obligated to transfer all rights to that work, including translations, to Epcon Communities. Specifically, the architect must transfer all worldwide rights, titles, and interests in the copyright of each work, encompassing all formats and media, whether existing now or created in the future. This includes electronic and future media, all translations, and all primary and subsidiary rights.
This means that Epcon Communities retains complete control and ownership over any translated versions of architectural works created for its franchisees. The rights transferred include the ability to bring lawsuits, collect damages, and pursue remedies for past infringements. Epcon Communities also has the right to register the copyright in its name, license, sell, assign, or otherwise use the work as it sees fit. This extends to reproducing, altering, expanding, changing, modifying, and adapting the work, as well as deciding how to publish, advertise, publicize, and exploit it.
For a prospective Epcon Communities franchisee, this underscores the importance of using only approved architects or ensuring that any architect they hire understands and agrees to these terms. It also highlights that franchisees do not own the rights to architectural designs; instead, these rights are held by Epcon Communities. This arrangement allows Epcon Communities to maintain brand consistency and protect its intellectual property across all franchise locations.
The architect also agrees to execute any additional assignments or documents that Epcon may reasonably request to assign or confirm the assignment of all copyrights from the Architect to Epcon. Furthermore, if any other party has any right, title, or interest in the Works, the Architect must obtain all rights and assign such rights to Epcon, ensuring Epcon's exclusive ownership of the copyright and all rights associated with it.