In the context of the copyright assignment agreement, what are the architectural drawings created by the Architect for the Franchisee referred to as for Epcon Communities?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
The intent of this provision is to ensure that Epcon will be the exclusive owner of the copyright and of all rights comprised in the copyright of the Work, and that Epcon have the sole right to exercise all rights of the copyright owner with respect thereto, including without limitation all exclusive rights set forth in 17 U.S.C.
Sec. 106.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities FDD, architectural drawings created by an architect for the franchisee are referred to as "Works" within the copyright assignment agreement. This agreement stipulates that the architect irrevocably transfers 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.
This means that Epcon Communities gains complete control over the architectural designs, including the right to sue for infringement, register copyrights, license, sell, modify, and exploit the Work as they see fit. The architect also agrees to secure rights from any other party involved in creating the Works and assign those rights to Epcon Communities, ensuring that Epcon Communities has exclusive ownership of the copyright.
For a prospective Epcon Communities franchisee, this arrangement ensures that the franchisor maintains consistent brand standards and protects its intellectual property. However, franchisees should understand that they do not own the architectural designs and must adhere to the terms of the franchise agreement regarding their use. This also means that if a franchisee hires an architect to modify or revise Epcon Communities' designs, the rights to those modifications automatically belong to Epcon Communities.