What is the intent of the provision regarding other parties having rights to the Works for Epcon Communities?
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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the provision regarding other parties having rights to the Works is in place to ensure that Epcon Communities maintains exclusive ownership of the copyright and all associated rights. This means Epcon Communities has the sole authority to exercise all rights of the copyright owner, including the exclusive rights detailed in 17 U.S.C. Sec. 106. This provision is included in the agreement between Epcon Communities and the architect.
For a prospective Epcon Communities franchisee, this means that any architectural work created for their franchise operations, even if initially involving another party like an architect, must ultimately have its copyright assigned to Epcon Communities. This ensures uniformity and protects Epcon Communities' intellectual property across all franchises. The franchisee must ensure that any architect they work with understands and complies with this requirement.
This requirement is further reinforced by the architect's representations and warranties to Epcon Communities, stating that they have 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. The architect also warrants that the work does not infringe on any copyrights or trademarks of any person or entity, and that they have the full right and authority to enter into the agreement. The architect also confirms that they have obtained releases and assignments, if needed, from all required parties in each work.
Should the architect breach any of these representations or warranties, they will be required to indemnify and hold harmless the franchisee, Epcon Communities, and Epcon Communities' clients from any resulting losses or expenses, including attorney's fees. This arrangement protects Epcon Communities and its franchisees from potential copyright disputes and ensures the franchisor maintains control over its intellectual property.