What does Sonesta Select Sonesta Essential consider to be 'Copyrighted Materials' during the term of the agreement?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
ny Mark) that we authorize you to use in this Agreement. We and our affiliates may exercise these rights at any time and for any reason, business or otherwise, that we and our affiliates think best. You acknowledge both our right to take this action and your obligation to comply with our directions.
- D. Copyrighted and Copyrightable Materials. During the Term, we will authorize you to use certain copyrighted and copyrightable materials in connection with the operation of your Hotel, including the Brand Manual, trade dress and other materials (collectively, the "Copyrighted Materials"). As between you and us, we or our affiliates own the Copyrighted Materials and all benefits inherent in such ownership. We and our affiliates may further create, acquire, or obtain licenses for certain copyrights in various works of authorship used in connection with the operation of your Hotel, including all categories of works eligible for protection under the copyright laws of the United States, all of which will be deemed to be Copyrighted Materials under this Agreement. We intend that all works of authorship related to Brand Hotels and created in the future will be owned by us or our affiliates.
- E. Limitation on Your Use of Copyrighted Materials. Your right to use the Copyrighted Materials is derived only from this Agreement and limited to your operating your Hotel according to this Agreement and all Brand Standards we prescribe during its term. You will ensure that all Copyrighted Materials used hereunder bear an appropriate copyright notice under the Universal Copyright Convention or other copyright laws we prescribe specifying that we or, as appropriate, our affiliate is the owner of the copyright.
Source: Item 22 — CONTRACTS (FDD page 84)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Sonesta Select Sonesta Essential defines 'Copyrighted Materials' as certain copyrighted and copyrightable items used in the operation of the hotel. These materials include the Brand Manual, trade dress, and other materials that Sonesta Select Sonesta Essential authorizes the franchisee to use during the term of the agreement.
Sonesta Select Sonesta Essential or its affiliates retain ownership of these Copyrighted Materials and all benefits associated with that ownership. They may also create, acquire, or license copyrights for various works of authorship used in connection with the hotel's operation, encompassing all categories of works eligible for copyright protection under U.S. copyright laws. All such works are also considered Copyrighted Materials under the franchise agreement.
The franchisee's right to use the Copyrighted Materials is solely derived from the franchise agreement and is limited to operating the hotel according to the agreement and all Brand Standards. The franchisee must ensure that all Copyrighted Materials bear the appropriate copyright notice, specifying that Sonesta Select Sonesta Essential or its affiliate owns the copyright. The agreement does not grant the franchisee any interest in the Copyrighted Materials beyond the right to use them in compliance with the agreement.