What is the dependency between the Franchise Agreement and the Architect's obligations 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.
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 Epcon Communities' 2025 Franchise Disclosure Document, the Franchise Agreement mandates that franchisees secure specific representations and assignments from any architect or contractor who modifies or revises Epcon Communities' copyrighted works. This requirement is explicitly outlined in the Copyright Assignment & Agreement, which serves to protect Epcon Communities' intellectual property rights. The agreement ensures that any alterations or derivative works created by architects or contractors are irrevocably assigned to Epcon Communities, granting them full ownership and control over the copyrights.
This obligation is a critical component of the relationship between the franchisee, the architect, and Epcon Communities. The architect's agreement to transfer all rights to Epcon Communities is contingent upon the continuation of the business relationship between the franchisee and the architect. This arrangement ensures that Epcon Communities maintains consistent brand standards and protects its proprietary designs across all franchise locations. The agreement covers all formats and media, including electronic and future media, translations, and primary and subsidiary rights, providing comprehensive protection for Epcon Communities' intellectual property.
For a prospective Epcon Communities franchisee, this means that engaging an architect or contractor to modify Epcon Works requires strict adherence to the terms of the Copyright Assignment & Agreement. Franchisees must ensure that any such agreements include the necessary provisions for the transfer of copyright to Epcon Communities. Failure to comply with these requirements could result in legal issues and potential breaches of the Franchise Agreement. Epcon Communities retains the sole right to decide how to publish, advertise, publicize, and exploit the Work, reinforcing its control over its brand and designs. This also means that the franchisee must ensure that any third party they contract with is aware of and willing to adhere to these conditions.