How may a Remax franchisee use the copyrighted Office Materials provided by RE/MAX, LLC?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
f the Marks by RE/MAX offices.
RE/MAX, LLC does not actually know of either superior prior rights or infringing uses that could materially affect a franchisee's use of RE/MAX, LLC's Principal Marks in any state.
Item 14
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
There are no patents that are material to the franchise.
RE/MAX, LLC claims copyrights in various materials used by RE/MAX offices, including the Office Materials (which may include audiovisual works, manuals, handbooks, and workbooks). These copyrights have generally not been registered with the Copyright Office. You may use these various items only in the manner RE/MAX, LLC specifies and only while operating your Office under the Franchise Agreement.
In addition to its trademark registrations for the RE/MAX balloon design, RE/MAX, LLC owns the following copyright registrations:
| | Work | Registration Number | Date | First Publication | |--------|-----------------------------------------------------------|------------------------|------------|----------------------| | REMAX | "RE/MAX Hot Air Balloon Logo (Vertical-1998)" | VA 1-418-052 | 06/15/2007 | Approx. 03/01/1998 | | RE/MEX | "RE/MAX Hot air Balloon Photograph (Vertical-1991)" | VA 1-418-053 | 06/15/2007 | Approx. 03/03/1991 | Under current U.S. law, the duration of copyright for these works is to end of the calendar year, 95 years from the year of the work's first publication, and copyright in these works cannot be renewed beyond that duration. RE/MAX, LLC takes no position whether, as between trademark rights and copyright in these logos, copyright is material to the franchise.
The Office Materials that you will be allowed to use in operating your Office include RE/MAX, LLC's confidential information, consisting of recruiting techniques, accounting procedures, and other methods of operating RE/MAX offices. You will not be permitted to use this confidential information in an unauthorized manner and you will be required to take reasonable steps to prevent its disclosure to others.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 79–80)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, franchisees may only use copyrighted office materials in the manner specified by RE/MAX, LLC and only while operating their office under the Franchise Agreement. These Office Materials may include audiovisual works, manuals, handbooks, and workbooks. While Remax claims copyrights in these materials, they have generally not been registered with the Copyright Office.
Remax also provides confidential information within the Office Materials, including recruiting techniques, accounting procedures, and other methods of operating Remax offices. Franchisees are prohibited from using this confidential information in an unauthorized manner and must take reasonable steps to prevent its disclosure to others.
Furthermore, franchisees are required to notify RE/MAX Regional and RE/MAX, LLC immediately of any third-party infringement or challenges to these copyrights. The franchisee must not communicate with anyone other than RE/MAX, LLC and its attorneys regarding any infringement, challenge, or claim. RE/MAX, LLC has the exclusive right to control any litigation arising from copyright infringements. If Remax deems it advisable to modify or discontinue the use of any copyrighted material, franchisees must comply with these directions at their own expense.