What rights does Epcon Communities have regarding copyright registrations of the Work?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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, Epcon Communities retains significant rights regarding copyright registrations of architectural and technical works. If an architect creates works for a franchisee, the architect must transfer all rights, titles, and interests in the copyright to Epcon Communities. This transfer includes all formats, media, translations, and primary and subsidiary rights, ensuring Epcon Communities has complete control over the work's copyright.
Epcon Communities' rights explicitly include the ability to bring lawsuits, collect damages, and pursue remedies for past copyright infringements. They also have the right to secure any copyright registrations, renewals, reissues, or extensions worldwide. Epcon Communities can register the copyright in its name and has the authority to license, sell, assign, or otherwise exploit the work as it sees fit. This includes the right to reproduce, alter, expand, change, modify, and adapt the work, as well as the sole right to decide how to publish, advertise, publicize, and exploit it.
This comprehensive assignment ensures that Epcon Communities maintains full control over its intellectual property. The agreement is designed to meet the requirements of U.S. copyright law, specifically Section 204 of 17 U.S.C. Furthermore, if any other party has rights to the works, the architect is responsible for obtaining those rights and assigning them to Epcon Communities. This provision aims to make Epcon Communities the exclusive owner of the copyright and all associated rights, allowing them to exercise all rights of the copyright owner, including those outlined in 17 U.S.C. Sec. 106.
For a prospective franchisee, this means that any architectural work created for their franchise must be fully assigned to Epcon Communities. Franchisees should ensure that their contracts with architects include these assignment provisions to comply with the franchise agreement. This arrangement protects Epcon Communities' intellectual property and ensures consistency across the franchise system, but it also means franchisees do not own the copyright to architectural designs created for their specific projects.