Who is considered the 'Architect' in the Copyright Assignment & Agreement for Epcon Communities?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- 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 the 2025 Epcon Communities Franchise Disclosure Document, the 'Architect' in the Copyright Assignment & Agreement refers to the entity that contracts with the franchisee to provide architectural services. Epcon Communities requires franchisees to ensure that any architect or contractor who modifies or revises Epcon Communities' works assigns all rights to those works to Epcon Communities. This is part of Epcon Communities' effort to maintain control and ownership of its development system and architectural designs.
The agreement stipulates that the Architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of their work to Epcon Communities. This includes the right to bring suit, collect damages, pursue remedies for infringement, register copyrights, and exploit the work as Epcon Communities sees fit. The Architect also represents and warrants that they have identified all persons and entities who have worked on the Work, each Work is or will be the original work of Architect and/or its agents who have executed valid assignments of rights to Architect, subject to the rights of Epcon in the Epcon Works.
This requirement ensures that Epcon Communities maintains exclusive ownership of its copyrighted materials and can protect its intellectual property. For a prospective franchisee, this means they must ensure that any architect or contractor they hire to modify Epcon Communities' designs is willing to sign this agreement, assigning all rights to Epcon Communities. Failure to comply with this requirement could result in a breach of the franchise agreement and potential legal issues related to copyright infringement.