Under what law are the Epcon Communities Works and building designs protected?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.5 The Epcon Communities Works and the design of the Buildings are protected under the Architectural Works Copyright Act of 1990.
Franchisee shall not build, license, transfer, reproduce or duplicate in any way the Epcon Communities Works or any derivative thereof except as expressly provided for in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, the Epcon Communities Works and the design of the buildings are protected under the Architectural Works Copyright Act of 1990. This means that Epcon Communities has legal rights to prevent unauthorized reproduction, modification, or distribution of their architectural designs.
For a prospective franchisee, this protection is significant because it ensures that the unique designs and building plans developed by Epcon Communities cannot be copied or used by competitors. This helps maintain the brand's distinctiveness and market position. Franchisees are granted a license to use these designs within the scope of their franchise agreement, but they must adhere strictly to the terms to avoid copyright infringement.
Specifically, franchisees are prohibited from building, licensing, transferring, reproducing, or duplicating the Epcon Communities Works except as expressly allowed in the franchise agreement. They must also retain and reproduce any copyright notices on documentation provided by Epcon Communities. Unauthorized use of these works can lead to legal action for copyright infringement, highlighting the importance of compliance with the franchise agreement's terms regarding intellectual property.