Who is considered the 'Franchisee' in the Copyright Assignment & Agreement for Epcon Communities?
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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, the 'Franchisee' in the Copyright Assignment & Agreement for Epcon Communities refers to an individual or entity that has entered into a Franchise Agreement with Epcon. This agreement requires the franchisee to ensure that any architect or contractor who modifies Epcon's copyrighted works assigns all rights to those works to Epcon.
The agreement emphasizes that the franchisee must obtain these assignments from architects to protect Epcon Communities' intellectual property rights. This obligation is part of the broader agreement between Epcon and the franchisee, ensuring that all modifications or revisions to Epcon's designs are owned by Epcon. This is intended to maintain uniformity and quality control across all Epcon Communities projects.
Furthermore, the agreement clarifies that the franchisee's compliance with these copyright provisions is essential for their license to use Epcon Communities' works. Any unauthorized use of these works by the franchisee constitutes copyright infringement, highlighting the importance of adhering to the terms outlined in the agreement. This includes restrictions on building, licensing, transferring, reproducing, or duplicating Epcon Communities' works without express permission.
For a prospective franchisee, this means they must ensure that all third-party contractors, especially architects, are aware of and comply with the copyright assignment requirements. Failure to do so could result in legal issues and potential termination of their franchise agreement. The franchisee must also maintain accurate records of all assignments and ensure that all documentation provided by Epcon bears the appropriate copyright notices.