Has Hyper Kidz registered its copyrights with the United States Registrar of Copyrights?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, Hyper Kidz has not registered its copyrights with the United States Registrar of Copyrights. However, Hyper Kidz claims common law copyrights in its manual, advertising materials, computer works, and similar items used in operating the Hyper Kidz business. The FDD states that Hyper Kidz is not required to register these copyrights to protect them.
As a Hyper Kidz franchisee, you are authorized to use certain copyrighted works at Hyper Kidz's discretion. These copyrighted works are the property of Hyper Kidz or its affiliates. Your right to use these copyrighted works is derived solely from the Franchise Agreement and is limited to using them in compliance with the Franchise Agreement and all applicable standards, specifications, and operating procedures prescribed by Hyper Kidz. You must ensure that all copyrighted works used bear an appropriate copyright notice specifying that Hyper Kidz or an affiliate owns the copyright. The Franchise Agreement does not grant you any interest in the copyrighted works, other than the right to operate the Hyper Kidz business in compliance with the Franchise Agreement.
Furthermore, as a Hyper Kidz franchisee, you must immediately notify Hyper Kidz in writing of any actual or apparent infringement of or challenge to any of the copyrighted works or any claim by any person of any rights in the copyrighted works. You are not allowed to communicate with anyone other than Hyper Kidz and its counsel regarding any infringement, challenge, or claim. Hyper Kidz has the sole discretion to take any action it deems appropriate and the right to control exclusively any settlement, litigation, arbitration, or administrative proceeding arising out of any alleged infringement, challenge, or claim or otherwise relating to the copyrighted works. If Hyper Kidz advises you to modify or discontinue the use of any of the copyrighted works or to use substitute copyrighted items, you must comply with Hyper Kidz's directions at your own expense.