Under the Copyright Assignment & Agreement for Epcon Communities, what rights are irrevocably transferred to Epcon?
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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, the Copyright Assignment & Agreement stipulates that an architect working for an Epcon Communities franchisee irrevocably transfers all worldwide rights, titles, and interests in the copyright of their work to Epcon. This transfer encompasses all formats and media, whether existing now or created in the future, including electronic and future media, translations, and primary and subsidiary rights.
The rights transferred to Epcon Communities include, but are not limited to, the right to bring lawsuits, collect damages, and pursue remedies for past copyright infringement. Epcon also gains the rights to all copyright registrations of the work, the ability to secure renewals or extensions of such copyrights worldwide, and the right to register the copyright in its own name. Furthermore, Epcon has the authority to license, sell, assign, or otherwise exploit the work as it sees fit, including the right to reproduce, alter, expand, change, modify, and adapt the work.
In essence, Epcon Communities secures complete control over the architectural works created for its franchisees. This ensures uniformity and protects the brand's intellectual property. The agreement also specifies that if any other party has rights to the works, the architect must obtain and assign those rights to Epcon, reinforcing Epcon's exclusive ownership. This comprehensive transfer of rights allows Epcon Communities to maintain consistency and quality across all its projects and protect its brand identity.