The intellectual property portfolio—patents, trademarks, copyrights, trade secrets—comprises some of a franchise’s most valuable assets. While trademarks are generally thought to be the most important franchise asset, a successful franchise has no shortage of copyrightable works—advertising and marketing materials, commercials and jingles, graphic designs and photos, architectural designs, software, operations manuals and training materials.
Since 1978, copyright attaches the moment a work is “fixed in a tangible medium of expression,” 17 U.S.C. Section 102, which, often, is the moment of creation. But a copyright owner cannot sue for copyright infringement unless it first applies for and obtain a registration with the U.S. Copyright Office. And while franchisors invest heavily in their trademark portfolio, the same does not seem to be true for copyright assets.
