Is Hyper Kidz required to register its copyrights to protect them?

According to Hyper Kidz's 2024 Franchise Disclosure Document, Hyper Kidz claims common law copyrights in its manual, advertising materials, computer works, and similar items used in operating the Hyper Kidz business. However, Hyper Kidz has not registered these copyrights with the United States Registrar of Copyrights. The FDD states that Hyper Kidz is not required to register its 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 valuable property of Hyper Kidz or its affiliates. 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 Hyper Kidz prescribes. You must ensure that all copyrighted works used bear an appropriate copyright notice specifying that Hyper Kidz or an affiliate is the owner of 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.

If there is any actual or apparent infringement of the copyrighted works, you must notify Hyper Kidz immediately in writing. 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 it becomes advisable for you to modify or discontinue use of any of the copyrighted works, you agree to immediately comply with Hyper Kidz's directions to modify or otherwise discontinue the use of the copyrighted materials and/or to use one or more substitute materials, at your expense.