Does Marble Slab Creamery have copyright registration for its operating manuals?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use the proprietary material in our operating Manuals. Our Manuals are confidential information as described in Item 11. Although we have not filed a copyright registration for the Manuals, we claim common law copyrights in the Manuals and the information is proprietary. Our operating Manuals may consist of one or more volumes of books, manuals, or other materials relating to operation under our System, including additions that we may publish periodically. Our right to use or license this copyrighted material is not materially limited by an agreement or known infringing use.
You must always keep the Manuals in a secure place at your Restaurant. You must always treat the Manuals and the information contained in them as confidential, and must use all reasonable efforts to keep this information secret and confidential. You may never copy or reproduce any part of the
materials, nor make them available in any manner to any unauthorized person. You may only divulge the confidential information to your employees that must have access to it in order to operate your Restaurant. All information, knowledge, know how, and techniques which we designate as confidential will be deemed confidential for purposes of the franchise agreement.
You must have your personnel sign confidentiality agreements that they will keep confidential the information that they receive because of their employment by you at the Restaurant. You must use the agreement provided by us which provides that we are a third party beneficiary of the agreement with an independent right to enforce its provisions.
You must tell us if you learn about unauthorized use of our Manuals. We are not required to take any affirmative action in response to the unauthorized use, but we will respond as we think appropriate.
Our Manuals will at all times be our sole property.
Source: Item 14 — PATENTS AND COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 71–72)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, while the company has not filed a copyright registration for its operating manuals, it does claim common law copyrights in the manuals. This means that Marble Slab Creamery asserts ownership and protection of the material within the manuals based on the fact that they created it, even without a formal copyright registration. The manuals are considered confidential and contain proprietary information.
As a Marble Slab Creamery franchisee, you are permitted to use the proprietary material in the operating manuals, but you must keep the manuals in a secure place at the restaurant and treat the information as confidential. Franchisees must use reasonable efforts to keep this information secret and confidential, and are prohibited from copying or reproducing any part of the materials or making them available to unauthorized persons. Access to the confidential information should only be given to employees who need it to operate the restaurant.
To ensure confidentiality, Marble Slab Creamery requires franchisees to have their personnel sign confidentiality agreements, which state that employees will keep the information they receive confidential due to their employment. These agreements must include a provision that Marble Slab Creamery is a third-party beneficiary with an independent right to enforce the agreement. Franchisees are also obligated to inform Marble Slab Creamery if they become aware of any unauthorized use of the manuals. However, Marble Slab Creamery is not required to take any specific action in response to such unauthorized use, but will respond as they deem appropriate. The manuals remain the sole property of Marble Slab Creamery at all times.