Intellectual Property Law

New Matter SPRING 2022, VOLUME 47, EDITION 1

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.

MIRAMAX’S COMPLAINT

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