Ownership

The Potato character, including the original character design, likeness, name, associated artwork, and all official variants, was created by and is owned by Phil Walton, and is protected by registered U.S. copyright (Registration No. PA0002292014, first published 2019). All commercial rights in the character are managed and licensed exclusively through Augury, Inc. No use of the character in commerce is authorized except under a written license from Augury.

About the character

The Potato is one of the most recognized original characters in social AR: over 1.7 billion impressions on the original character alone, and more than 4 billion across 80+ official variants, averaging roughly 193 million impressions per month. He has appeared in national brand campaigns (including Taco Bell's national "Potatoes Are Back" campaign), music videos, commercials, late-night television, and feature films. He is created and maintained by Augury, Inc., whose client work includes Nickelodeon, Paramount, Amazon Studios, Lionsgate, DoorDash, and Taco Bell, with work featured at the Super Bowl.

How use of the Potato works

There are three tiers of use, and knowing which one you're in takes about ten seconds.

Personal and fan use: free, always

Individuals using publicly available Potato Lenses for personal, non-commercial content: video calls, personal social posts, making your group chat weirder. Welcomed and encouraged. This is what made the Potato famous.

Individual Creator Program

Augury maintains a limited-access program through which independent streamers and content creators can obtain custom AR avatars for their own channels. Participation covers personal-channel use by individual creators only. It does not include commercial brand rights, does not extend to businesses or organizations or to content produced on their behalf, and does not include use of the Potato character. Program access is at Augury's discretion.

Commercial use: license required

Any use of the character by or on behalf of a business, brand, or organization, including marketing content, branded channels and shows, advertising, products, or promotional material, requires a written license. This applies regardless of platform, and regardless of whether the underlying Lens is publicly available.

Available license structures

Commercial licenses are scoped and priced individually. Available structures include:

• Campaign License. Defined campaign, defined deliverables, defined window (the structure used for national brand campaigns).
• Channel or Annual License. Ongoing organic use on defined channels for a fixed term.
• Named-Show or Recurring Segment License. For shows or segments hosted by or titled after the character.
• Paid Media Rights. Use in advertising, paid social, and promoted content (always separate from organic-use licenses).
• Merchandising License. Physical or digital goods; royalty-based with per-item approval.
• Category Exclusivity. Available in defined categories for a premium.
• Custom Production. Bespoke character variants, animation, custom Lenses, and AR experiences, produced exclusively by Augury and quoted at studio rates.

Standard terms for all commercial licenses

• Ownership. All rights in the character are retained by the licensor. All derivative works (variants, outfits, show titles, logos, and formats built on the character) are owned by the licensor and licensed for the term, regardless of who creates them.
• No registrations. Licensees may not file trademark, copyright, or other registrations relating to the character or derivatives without written consent.
• Production. Custom character assets are produced by Augury. Third-party modification of the character requires written approval.
• Usage guidelines. All licenses include brand usage guidelines. The character may not be used in content targeting minors with age-restricted products, to make earnings or outcome claims, or in content reasonably likely to damage the character's goodwill.
• Credit. Licensed content carries the credit: "Potato character © Augury, Inc. Used under license."
• Term and termination. All licenses are term-limited and include termination rights for misuse and for reputational-risk events.
• Compliance. Licensees are solely responsible for the legal and regulatory compliance of their content and products, and indemnify Augury accordingly.

Categories we decline

To protect the character's goodwill and audience, the Potato is not licensed for adult content; tobacco, vaping, or controlled substances; weapons; political campaigns or advocacy; or content marketing age-restricted products to minors. Other categories are evaluated case by case.

Ready to work with the Potato?

Serious commercial inquiries should include:

• The intended use and creative concept
• Platforms and channels
• Desired term
• Whether paid media or merchandise is contemplated
• The budget range allocated

Scoped inquiries receive a proposal, typically within one week.

phil@phillipwalton.com

This page is informational and non-binding. No license is granted or implied by this document. All licenses are made only by written agreement signed by Augury, Inc. The Potato character is protected by registered U.S. copyright (Reg. No. PA0002292014). Unauthorized commercial use may violate federal copyright law, which provides for statutory damages and attorneys' fees for infringement of registered works.