What are 'Epcon Works' as defined in the Copyright Assignment & Agreement for Epcon Communities?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 'Epcon Works' are referenced within the context of copyright assignments and agreements, particularly concerning architectural services. When an architect or contractor modifies or revises existing Epcon Communities' works, Epcon Communities requires its franchisees to obtain specific representations and assignments to protect its intellectual property.
The agreement stipulates that the architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of any work created for the franchisee to Epcon Communities. This transfer includes rights across all formats and media, including electronic and future media, translations, and primary and subsidiary rights. Epcon Communities secures the right to pursue legal action for past infringements, register copyrights in its name, and exploit the work as it sees fit, including altering, expanding, or modifying it.
Furthermore, the agreement ensures that Epcon Communities has the authority to decide on the publication, advertising, and publicizing of the work. The architect also commits to obtaining all necessary rights from any other party with an interest in the works and assigning those rights to Epcon Communities. This comprehensive assignment aims to consolidate the copyright ownership of the architectural works with Epcon Communities, ensuring their exclusive control and use of these designs.