Does the Copyright Assignment & Agreement for Epcon Communities cover 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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the Copyright Assignment & Agreement does cover translations of the Work. The agreement between the Franchisee and Architect stipulates that the Architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of each Work to Epcon Communities. This transfer includes all formats and media, whether existing now or created in the future, encompassing electronic and future media, all translations, and all primary and subsidiary rights.
This means that Epcon Communities gains complete ownership of the Work's copyright, including the right to reproduce, alter, and exploit the Work in any manner it deems appropriate. This includes the sole right to decide on publication, advertising, and publicizing the Work. The agreement ensures that Epcon Communities has the exclusive right to exercise all rights of the copyright owner, as outlined in 17 U.S.C. Sec. 106.
For a prospective Epcon Communities franchisee, this clause ensures that any architectural works created for their franchise are fully owned by Epcon Communities, preventing any potential disputes over copyright ownership. It also allows Epcon Communities to maintain consistency and control over its brand and intellectual property across all franchise locations. The franchisee benefits from the assurance that Epcon Communities will handle all copyright-related matters, but they must also ensure that any architects they work with understand and agree to these terms to avoid any legal complications.