Does the Copyright Assignment & Agreement for Epcon Communities cover future media?
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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the Copyright Assignment and Agreement includes rights to all formats and media, whether now existing or hereafter devised, including all electronic and future media. This means that when an architect creates works for an Epcon Communities franchisee, the copyright is irrevocably transferred to Epcon Communities, covering any current and future forms of media.
This transfer encompasses a broad spectrum of rights, including the ability to sue for past infringements, register copyrights, and exploit the work as Epcon Communities sees fit. Epcon Communities has the right to reproduce, alter, modify, and adapt the work, as well as decide how to publish, advertise, and publicize it. This ensures that Epcon Communities maintains complete control over its intellectual property across all platforms.
For a prospective Epcon Communities franchisee, this clause is important because it clarifies that any architectural works created for their franchise must have their copyrights assigned to Epcon Communities. Franchisees need to ensure that their architects understand and comply with this requirement. This protects Epcon Communities' development system and ensures consistency across all franchise locations, while also placing the responsibility on the franchisee to ensure proper copyright assignment from their architects.