What is included in the copyrighted works related to the Hyper Kidz system?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
N**
We do not have an ownership interest in any patents or registered copyrights that are material to the franchise.
We claim common law copyrights in the Manual, advertising materials, computer works, and similar items used in operating the Hyper Kidz Business. We have not registered these copyrights with the United States Registrar of Copyrights, and we are not required to do so to protect them.
There currently are no effective determinations of the Copyright Office (Library of Congress) or any court regarding any of the copyrighted works. No agreement limits our right to use or license the copyrighted works. Finally, we do not know of any infringing uses which could materially affect your use of the copyrighted works in any state. We are not required by any agreement to protect or defend the copyrighted works except as described below.
In the Franchise Agreement, you acknowledge and agree (1) that we may authorize you to use certain copyrighted or copyrightable works in our discretion, (2) that the copyrighted works are the valuable property of us or our affiliates and of which we or our affiliates are the owner, and (3) that the rights granted to you are solely on the condition that you comply with the terms of the Franchise Agreement. You must acknowledge and agree that we own or are the licensee of the owner of the copyrighted works and will further create, acquire or obtain licenses for certain copyrights in various works of authorship used in connection with the operation of Hyper Kidz Businesses. Copyrighted works include the Manual and may include all or part of the Marks, trade dress and other portions of the System. We intend that all works of authorship related to the System and created in the future will be owned by us or our affiliates and copyrighted.
Your right to use the copyrighted works is derived solely from the Franchise Agreement and is limited to the use of the copyrighted works in compliance with the Franchise Agreement and all applicable standards, specifications, and operating procedures we prescribe.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the company claims common law copyrights in the Manual, advertising materials, computer works, and similar items used in operating the Hyper Kidz Business. These copyrights have not been registered with the United States Registrar of Copyrights, but Hyper Kidz is not required to register them for protection.
The Franchise Agreement specifies that Hyper Kidz may authorize franchisees to use certain copyrighted or copyrightable works. These copyrighted works remain the valuable property of Hyper Kidz or its affiliates. The rights granted to the franchisee are conditional upon compliance with the terms of the Franchise Agreement. Copyrighted works include the Manual and may include all or part of the Marks, trade dress and other portions of the System. Hyper Kidz intends that all works of authorship related to the System and created in the future will be owned by them or their affiliates and copyrighted.
As a Hyper Kidz franchisee, you must agree to disclose to Hyper Kidz all ideas, concepts, promotional materials, methods, techniques and products relating to the development and operation of Hyper Kidz Businesses conceived or developed by you or your employees during the term of the Franchise Agreement. You must grant to Hyper Kidz a perpetual, non-exclusive, and worldwide right to use these new ideas, concepts, promotional materials, methods, techniques, and products in all Hyper Kidz Businesses or other businesses operated by Hyper Kidz, its affiliates, and franchisees. Hyper Kidz has no obligation to make any payment with respect to any idea, concept, method, technique or product. You agree that you will not use, nor will you allow any other person or entity to use, any concept, method, technique or product without obtaining Hyper Kidz's prior written approval.