Intellectual Property Law
New Matter SPRING 2022, VOLUME 47, EDITION 1
Content
- 2022 New Matter Author Submission Guidelines
- A Look At the Trademark Modernization Act - One Year In
- Andy Warhol Foundation V. Goldsmith Redux
- Biogen Ma Inc. V. Emd Serono, Inc.
- INTELLECTUAL PROPERTY SECTION Executive Committee 2021-2022
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2021-2022
- INTELLECTUAL PROPERTY SECTION New Matter Editorial board
- Letter From the Chair
- Letter From the Editor-in-chief
- McLe Trademark Law's Protection For Image and Likeness ... At Least If You're Famous
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- Ttab Decisions and Developments
- Miramax's Lawsuit Against Quentin Tarantino May Set Precedent For Classification of Nfts
MIRAMAX’S LAWSUIT AGAINST QUENTIN TARANTINO MAY SET PRECEDENT FOR CLASSIFICATION OF NFTS
David A. Sergenian
Sergenian Law
INTRODUCTION
In late 2021, film director and writer Quentin Tarantino announced that he would be selling several NFTs (non-fungible tokens) relating to his 1994 magnum opus Pulp Fiction. Tarantino announced that the NFTs would contain script pages for seven scenes that were not included in the final film, and other artifacts from Pulp Fiction.1 The release announcing the prospective NFT sales stated that purchasers of the NFTs, which contain the previously unreleased material and other artifacts, will get a "glimpse into the mind and creative process of Quentin Tarantino."2 Miramax, LLC ("Miramax"), the successor-in-interest to all rights in Pulp Fiction—other than certain rights that were reserved to Tarantino—quickly sued Tarantino in federal court, alleging, among other claims, a claim for copyright infringement. Determining which rights were granted to Miramax and which rights were reserved to Tarantino likely will require a determination of how NFTs should be categorized in the context of a decades-old agreement. This may have far-reaching implications for future copyright litigation concerning NFTs.