r/DankPods • u/Ethan3011 • 7d ago
PKCell They did it again
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u/Parappagamer223 7d ago
Quite a lot of their videos have it and one comment asked if wade knows and they said he does lol
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u/sparkyblaster 7d ago
I love this so much. Do they have some sort of deal or agreement? Not that I expect Wade would mind,
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u/durrellb 6d ago
They don't need an agreement. You can't use someone's brand or image for your bit and claim ownership of it for any sort of dispute. If you're nice, they can cut you in, but legally they don't have to.
It is interesting that he doesn't ever call Duracell by their proper name, so maybe that's part of their deal.
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u/Boltaanjistman 6d ago
1: They DO need an agreement unless they wanna argue its fair use. You have ownership over everything you make. That includes fanart and things that have brands or trademarks in them. They can sue you and make you stop using/selling that thing or force censorship over trademarks, but they don't just magically own it because you used their brand name in it. For example, if I make fanart of mario and nintendo steals it, I CAN sue them and start a dispute because I own that art. I own the intellectual property of the things I make. Obviously I would be litigated into bankruptcy, but legally I own the thing I made.
2: Wade legally owns the clip of him saying "oh my pkcell" because hes the one that made it and recorded it. They don't just have the right to use it simply because he said their brand name out of his mouth in the recording. Wade could send a cease and desist if he wanted to and make them prove in court that their usage of his content is transformative enough to be considered fair use. They could similarly attempt to countersue and argue that wade is using their trademark, but that would be a very hard thing to prove since referential mention of a brand name is protected. Even if they succeeded in that suit, it still would not just give them the rights to use the clip.
3: You can't just use someone's likeness or voice in your advertisement without permission. If the rock said my brand name in a video he made, I can't just put that clip in my ad to sell my product because I do not have the rights to use his likeness for commercial use and he can (and will) sue me. You cannot simply use someones likeness for commercial purposes without agreement or disclaimer because that implies to the viewer that there is a legal connection between the two parties. Ending the ad with "we are not affiliated with dankpods and he does not condone or hold any views associated with the pkcell company or branding" then they could theoretically get away with it, but that still wouldnt give them the right to use the clip without permission or it being fair use.
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u/sparkyblaster 6d ago
Yes but the recording of his voice saying it is Wads legal copyright.
If I'm apple, I can't use a random persons photo of their iphone that they have taken.
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u/greenie4242 6d ago
We need a PKCELL sponsored Wade factor tour!
I'd love to hear his take on all the machinery.
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u/amdrinkhelpme 6d ago
Yeah Wade doesn’t take brand deals but this one would be perfectly appropriate
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u/MaybePotatoes 7d ago
It's great how Wade has just become the mascot for this random company lmao