Who owns the copyright to the drawings that show modifications to the Epcon Communities Development System?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned also understands, acknowledges, and agrees that Epcon Communities
Franchising, LLC is the sole owner of the copyrights in all architectural works, protypical plans, technical drawings, and other copyrighted works provided to Franchisee pursuant to the Franchise Agreement (and/or Sublicensee pursuant to the Sublicense Agreement) as well as all "derivative works" (as that term is used in the Copyright Act) that may be created as a result of the Franchise Agreement or Sublicense Agreement. The undersigned also understands, acknowledges, and agrees that neither the Franchise Agreement, the Sublicense Agreement, or this Personal Covenants and Agreement, create any implied license to use, copy, distribute, or create derivative works from any copyrighted work owned by Epcon Community Franchising, LLC, and that the only licenses to do so are those may be expressly set forth in those agreements.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, Epcon Communities Franchising, LLC is the owner of the copyrights to architectural works, protypical plans, technical drawings, and other copyrighted works provided to franchisees. This ownership extends to all derivative works created as a result of the Franchise Agreement or Sublicense Agreement.
This means that as a franchisee, you are granted a limited license to use these copyrighted materials, but you do not own them. Any modifications or new drawings created based on the Epcon Communities Development System are also owned by Epcon Communities Franchising, LLC. Franchisees must adhere to the terms of the Franchise Agreement and any Sublicense Agreement, as these agreements define the scope of permitted use, copying, distribution, or creation of derivative works.
This is a fairly standard practice in franchising, as it protects the brand's intellectual property and ensures consistency across all franchise locations. Franchisees should be aware that any unauthorized use of these copyrighted materials could result in copyright infringement, with potential legal and financial consequences. It is important for franchisees to fully understand the terms and conditions outlined in the franchise agreement regarding the use of copyrighted materials to avoid any unintentional infringement.