Does Hardees commonly register its copyrighted materials with the United States Registrar of Copyrights?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
We own the copyright in all of our advertising and marketing materials including, but not limited to, images, copy, radio and television commercials, and social media posts, the OPM and for certain forms, architectural, engineering, and construction plans, advertising materials, product specifications, computer programs, newsletters, training materials, and operation and accounting manuals. While we do not commonly register our materials protected by copyright with the United States Registrar of Copyrights, we may seek registration for these materials at any time.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 61–62)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees owns the copyright to its advertising and marketing materials, including images, commercials, social media posts, and training materials. However, Hardees does not commonly register these copyrighted materials with the United States Registrar of Copyrights. Hardees retains the option to seek registration for these materials at any time.
This policy means that while Hardees asserts ownership over its marketing content, it generally relies on copyright law rather than formal registration for protection. Registration provides additional legal benefits, such as the ability to sue for statutory damages and attorney's fees in infringement cases, and can serve as public notice of ownership.
For a prospective Hardees franchisee, this indicates that Hardees may be more likely to handle copyright enforcement internally rather than relying on registered copyrights. Franchisees should ensure they adhere strictly to Hardees's guidelines for using marketing materials to avoid potential copyright issues. It would be prudent for a potential franchisee to inquire about Hardees's specific procedures for protecting its copyrighted materials and the circumstances under which it might pursue registration.