Has Fly Fitness registered any copyrights with the United States Copyright Office?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee further expressly understands and acknowledges that Franchisor claims copyrights on certain written material used in the System, including but not limited to, forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights are hereafter together referred to as the "Intellectual Property".
- 14.1.2. As between Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
- 14.2.
No Interference.
Neither Franchisee nor any Principal shall take any action that would prejudice or interfere with the validity of Franchisor's or Licensor's rights with respect to the Intellectual Property.
Nothing in this Agreement shall give the Franchisee any right, title, or interest in or to any of the Intellectual Property or any of Franchisor's or Licensor's service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Intellectual Property and the System in accordance with the terms and conditions of this Agreement for the operation of a Franchised Business and only at or from the Franchised Business location or in approved advertising related to the Franchised Business.
- 14.3.
Goodwill.
Franchisee understands and agrees that any and all goodwill arising from Franchisee's use of the Intellectual Property and the System shall inure solely and exclusively to the benefit of Franchisor and Licensor, and upon expiration or termination of this Agreement and the license herein granted, no monetary amount shall be assigned as attributable to any goodwill associated with Franchisee's use of the Intellectual Property.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness claims copyrights on certain written material used in its System. This includes forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual. However, it is not specified whether Fly Fitness has actually filed for copyrights with the U.S. Copyright Office for all of these materials.
Fly Fitness retains ownership of all rights, titles, and interests in the Intellectual Property, including the Marks and copyrights. As a franchisee, you are not allowed to take any actions that would negatively impact the validity of Fly Fitness's or its licensor's rights regarding the Intellectual Property.
As a Fly Fitness franchisee, you only have the right to use the Intellectual Property and System according to the franchise agreement for operating the Franchised Business. Any goodwill that arises from your use of the Intellectual Property benefits Fly Fitness and its licensor. Upon termination of the agreement, no monetary value will be assigned to any goodwill associated with your use of the Intellectual Property.
Prospective franchisees should seek clarification from Fly Fitness regarding which specific materials have registered copyrights with the U.S. Copyright Office. Understanding the extent of copyright protection can help franchisees better understand their rights and responsibilities when using Fly Fitness's materials.