Who owns copyrightable works created by a Learningrx franchisee or its employees in connection with the business?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
7.7 Creative Ownership. Copyrightable works created by Franchisee or any of its owners, officers or employees in connection with the Business shall be the sole property of Franchisor. Franchisee assigns all proprietary rights, including copyrights, in these works to Franchisor without additional consideration. Franchisee hereby assigns and will execute such additional assignments or documentation to effectuate the assignment of all intellectual property, inventions, copyrights and trade secrets developed in part or in whole in relation to the Business, during the term of this Agreement, as Franchisor may deem necessary in order to enable it, at its expense, to apply for, prosecute and obtain copyrights, patents or other proprietary rights in the United States and in foreign countries or in order to transfer to Franchisor all right, title, and interest in said property. Franchisee shall promptly disclose to Franchisor all inventions, discoveries, improvements, creations, patents, copyrights, trademarks and confidential information relating to the Center which it or any of its owners, officers or employees has made or may make solely, jointly or commonly with others and shall promptly create a written record of the same. In addition to the foregoing, Franchisee acknowledges and agrees that any improvements or modifications, whether or not copyrightable, directly or indirectly related to the Business, shall be deemed to be a part of the Confidential Information and shall inure to the benefit of Franchisor.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, any copyrightable works created by a franchisee, their owners, officers, or employees in connection with the Learningrx business become the sole property of Learningrx. The franchisee is required to assign all proprietary rights, including copyrights, to Learningrx without receiving any additional compensation. This assignment extends to all intellectual property, inventions, copyrights, and trade secrets developed during the term of the Franchise Agreement that relate to the Learningrx business.
The franchisee must also execute any additional assignments or documentation necessary to enable Learningrx to apply for, prosecute, and obtain copyrights, patents, or other proprietary rights in the United States and foreign countries. This ensures that Learningrx has the legal means to protect its intellectual property and system both domestically and internationally. The franchisee is obligated to disclose promptly to Learningrx all inventions, discoveries, improvements, creations, patents, copyrights, trademarks, and confidential information related to the Learningrx center that they or their personnel create, either individually or jointly with others, and to maintain a written record of these developments.
Furthermore, any improvements or modifications, whether copyrightable or not, that are directly or indirectly related to the Learningrx business are considered part of Learningrx's confidential information and will benefit Learningrx. This provision ensures that any advancements or changes made within a franchise location that could enhance the Learningrx system are owned and controlled by the franchisor, allowing for consistent application and protection across the entire franchise network. This is a fairly standard practice in franchising, as it allows the franchisor to maintain control over the brand's intellectual property and ensure consistency across all franchise locations.