What is the intent of the Copyright Assignment & Agreement regarding Epcon Communities' ownership of the copyright?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Architect represents and warrants to Epcon that:
(a) Architect has identified all persons and entities who have worked on the Work, each Work is or will be the original work of Architect and/or its agents who have executed valid assignments of rights to Architect, subject to the rights of Epcon in the Epcon Works.
(b) Each Work does not and will not infringe upon or violate the copyrights, trademarks, or any other rights whatsoever of any person or entity.
(c) No adverse claim exists with respect to each Work and Architect has not assigned any Work to another person or entity.
(d) Each Work has not heretofore previously been published or exploited in any form anywhere in the world.
(e) Architect has the full and exclusive right and authority to enter into this agreement.
(f) Architect has obtained releases and assignments, if needed, from all required parties in each work.
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Architect will indemnify and save harmless Franchisee, Epcon, and Epcon's clients, customers, licensees or other permitted users of any Work, and their successors and assigns from and against any and all loss, damage or
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the intent of the copyright assignment is to ensure that Epcon Communities has exclusive ownership of the copyright and all rights associated with it, particularly concerning architectural works, technical drawings, and other copyrighted materials provided to franchisees. This includes the sole right to exercise all rights of the copyright owner, including those outlined in 17 U.S.C. Sec. 106. Epcon Communities requires that if any other party, such as an architect, has any rights to the works, those rights must be obtained and assigned to Epcon.
This requirement is reinforced by the agreement that franchisees must obtain representations and assignments from any architect or contractor who modifies or revises Epcon Communities' works. The architect irrevocably transfers all worldwide rights, titles, and interests in the copyright of each work to Epcon Communities, covering all formats and media. This transfer includes the right to bring suit, collect damages for past infringement, register copyrights, and exploit the work as Epcon Communities sees fit.
For a prospective franchisee, this means that any architectural or design work created for their Epcon Communities project, even if done by a third-party architect, must have its copyright assigned to Epcon Communities. This ensures that Epcon Communities maintains control over its intellectual property and can protect its designs from unauthorized use. Franchisees must ensure that all architects and contractors they work with are aware of and comply with this requirement, as strict compliance is a condition of their license to use Epcon Communities' works. Failure to comply can result in copyright infringement.