Morgan Chittum

<div id="highlights-block_61d582e809f9a" class="highlights">
 <ul>
 <li>Miramax filed a lawsuit accusing Tarantino of copyright infringement in November</li>
 <li>The NFT auction will start on Jan. 17 and end on Jan. 31</li>
 </ul>
 
</div>



Award-winning movie director Quentin Tarantino will release his line of “Pulp Fiction” NFTs despite Miramax’s <a href="https://cms.blockworks.co/why-the-studio-that-produced-pulp-fiction-is-suing-quentin-tarantino-over-nfts-based-on-his-screenplay/">lawsuit</a> against the 58-year-old screenwriter and his team, according to a press release on Wednesday.&nbsp;



Tarantino’s attorney Brian Freedman maintains that the filmmaker has every right to create and sell his non-fungible tokens (NFTs) based on the 1994 movie, which garnered $214 million at the box office.



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">“Quentin Tarantino’s contract is clear: he has the right to sell NFTs of his handwritten script for Pulp Fiction, and this ham-fisted attempt to prevent him from doing so will fail,” Freedman told Blockworks in a statement on Tuesday.&nbsp;</blockquote>



The Hollywood studio, which produced the film, filed a lawsuit on Nov. 16, accusing Tarantino of breaching his contract, committing trademark infringement, copyright infringement and of unfair competition, according to a <a href="https://embed.documentcloud.org/documents/21111461-miramax-tarantino-nft/?embed=1&amp;responsive=1&amp;title=1" target="_blank" rel="noreferrer noopener">court filing</a>.&nbsp;



According to the lawsuit, Tarantino did not disclose any NFT plans with the studio prior and despite being served a cease and desist letter to cancel the sale, he still publicly announced the collection.



Miramax attorney Bart Williams, a partner at Proskauer Rose LLP, told Blockworks on Wednesday that Tarantino’s team filed their answer to Miramax’s complaint on Dec. 9, but nothing further has been done, and that litigation remains pending.



“There’s been no attempt to dismiss any of Miramax’s claims by Tarantino’s team, nor have they filed any counter claims or motions against Miramax, and since Miramax filed its lawsuit, the promotional website and Twitter account for the proposed sale have scaled back the unauthorized use of imagery from Miramax films (including Pulp Fiction),” Williams said.



Williams, previously accused Tarantino and his team of a “deliberate, premeditated, short-term money grab,” describing their actions as “profoundly disappointing.”



“This group chose to recklessly, greedily, and intentionally disregard the agreement that Quentin signed instead of following the clear legal and ethical approach of simply communicating with Miramax about his proposed ideas,” Williams previously told Blockworks on Nov. 17. 



Freedman has since fired back at the movie studio&#8217;s allegations.&nbsp;



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">“Miramax’s callous decision to disclose confidential information about its filmmakers’ contracts and compensation will irreparably tarnish its reputation long after this case is dismissed.”</blockquote>



Tarantino first <a href="https://cms.blockworks.co/director-quentin-tarantino-to-release-line-of-pulp-fiction-nfts/" target="_blank" rel="noreferrer noopener">announced</a> the blockchain-based lines of digital collectibles in early November.



<div class="wp-block-image"><figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="640" height="360" src="https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png" alt="Pulp Fiction" class="wp-image-13478" srcset="https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=640 640w, https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=300 300w, https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=428 428w, https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=464 464w, https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=389 389w, https://blockworks-co.imgix.net/wp-content/uploads/2022/01/shutterstock_1388590361.png?w=80 80w" sizes="auto, (max-width: 640px) 100vw, 640px" /><figcaption>Source: Shutterstock</figcaption></figure></div>



Each NFT consists of a single scene from the screenplay, along with personal audio from the director himself.&nbsp;



“The best artists and creators want complete control over how their stories are told and how they connect with their audiences,” Tarantino said, when the collection was first revealed. “They want to be able to experiment, share their truths and create their own worlds.”&nbsp;



<h3 class="wp-block-heading">Secret NFTs appeal to Tarantino</h3>



The NFTs will be powered by Secret Network’s blockchain, which allows both the creator and holder to display, sell, lease and own the art privately, according to Secret Network co-founder Guy Zyskind.&nbsp;



“For artists like Quentin Tarantino — whose work is highly valued and internationally renowned — retaining this control is necessary,” Zyskind told Blockworks in a statement.



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">“For collectors, this protection and control is what secures the intrinsic and long-term value of their NFTs.”</blockquote>



Zyskind said Secret Network, also called SCRT, has not been named in any litigation around the lawsuit.



“[Quentin] has made [it] clear in court filings that he is very confident that the grant of rights to SCRT is proper, and we support his effort in bringing his art, which is now a landmark in pop culture, into the NFT space,” he said.



The auction will begin on Jan. 17 and will release the digital collectibles on various dates until Jan. 31. Miramax has commenced discovery, and the parties have an initial scheduling conference before the Court on Feb. 24, over a month after the auction is set to go live.



Although threats of legal action did not stop Tarantino’s plans, former CFTC enforcement attorney Braden Perry said the lawsuit could serve as a cautionary tale for future artists.



“It’s critical for artists who enter the NFT market to grasp the full legal rights owned by the artist, and those rights owned by others,” Perry told Blockworks in a statement. “A full understanding of the NFT market and the minting process together with intellectual property rights would help alleviate many legal issues.”



This story has been updated on Jan. 5, 2022, at 11:35 am ET, with additional comments from Miramax.



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Bart Williams

Quentin Tarantino Pushes Forward with ‘Pulp Fiction’ NFT Plans Despite Lawsuit from Miramax

<div id="highlights-block_6195522f6e5c0" class="highlights">
 <ul>
 <li>Miramax attorney Bart Williams said Tarantino&#8217;s actions were “profoundly disappointing” and accused him of a “deliberate, premeditated, short-term money grab&#8221;</li>
 <li>&#8220;The case is an example of how complicated the evolving electronic world has become,&#8221; according to former CFTC enforcement attorney, Braden Perry</li>
 </ul>
 
</div>



Miramax filed a <a href="https://embed.documentcloud.org/documents/21111461-miramax-tarantino-nft/?embed=1&amp;responsive=1&amp;title=1" target="_blank" rel="noreferrer noopener">lawsuit</a> on Tuesday against director Quentin Tarantino over the upcoming sale of a “Pulp Fiction” non-fungible token (NFT) collection.&nbsp;



The Hollywood studio’s attorneys allege that Tarantino and his team committed copyright infringement, trademark infringement, breach of contract and unfair competition, according to the complaint.&nbsp;



Miramax attorney Bart Williams said Tarantino&#8217;s actions were “profoundly disappointing” and accused him of a “deliberate, premeditated, short-term money grab.”&nbsp;



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">“This group chose to recklessly, greedily, and intentionally disregard the agreement that Quentin signed instead of following the clear legal and ethical approach of simply communicating with Miramax about his proposed ideas,” Williams told Blockworks in a statement.&nbsp;</blockquote>



Attorneys for the studio allege that Tarantino did not disclose plans with the studio prior to “a coordinated press campaign” for the NFT collection and having “what were likely extensive negotiations with third parties to develop and sell [them].”



According to the suit, Miramax previously served the director’s team a cease and desist letter to block the auction. But the sale is still set to begin in December on OpenSea.



“The fact that Tarantino kept Miramax out of the loop is particularly problematic because he granted and assigned nearly all of his rights to “Pulp Fiction” (and all its elements in all stages of development and production) to Miramax in 1993, including the rights necessary for the “secrets from Pulp Fiction” that he intends to sell,” according to a filing first reported by <a href="https://s3.documentcloud.org/documents/21111461/miramax-tarantino-nft.pdf" target="_blank" rel="noreferrer noopener">Variety</a>.



Tarantino first <a href="https://cms.blockworks.co/director-quentin-tarantino-to-release-line-of-pulp-fiction-nfts/" target="_blank" rel="noreferrer noopener">announced</a> the upcoming release of seven NFTs earlier this month. The digital collectibles consist of never-before-seen handwritten scripts and commentary from “Pulp Fiction”, the award-winning director said. (The classic film originally garnered over $200 million and took home the Oscar for Best Screenplay in 1994.)



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">“The best artists and creators want complete control over how their stories are told and how they connect with their audiences,” Tarantino said, when the collection was first revealed. “They want to be able to experiment, share their truths and create their own worlds.”&nbsp;</blockquote>



The NFTs run on Secret Network’s blockchain and allow both the holder and creator to lease, own, and sell said art privately, co-founder of <a href="https://scrt.network/about/secret-nfts" target="_blank" rel="noreferrer noopener">Secret Network</a> Guy Zyskind told <a href="https://cms.blockworks.co/director-quentin-tarantino-to-release-line-of-pulp-fiction-nfts/" target="_blank" rel="noreferrer noopener">Blockworks.</a>&nbsp;



“We are aware of the lawsuit from Miramax brought against Quentin Tarantino. We are here to support and empower any artist or creative that wishes to join the NFT community and connect with their audience using Secret Network,” Zyskind said when Blockworks requested comment on the matter. 



<figure class="wp-block-embed is-type-rich is-provider-twitter wp-block-embed-twitter"><div class="wp-block-embed__wrapper">
<blockquote class="twitter-tweet" data-width="550" data-dnt="true">NFTs are meant to empower creators, connecting them directly with their audiences and communities. Secret NFTs on <a href="https://twitter.com/SecretNetwork?ref_src=twsrc%5Etfw">@SecretNetwork</a> take this potential a step further. Now some in the media world want to take a massive step back. We stand with creators. <a href="https://t.co/Jq1STRuI45">https://t.co/Jq1STRuI45</a>&mdash; Tarantino NFTs (@TarantinoNFTs) <a href="https://twitter.com/TarantinoNFTs/status/1460748989813432323?ref_src=twsrc%5Etfw">November 16, 2021</a></blockquote><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
</div></figure>



Additionally, the lawsuit states that Tarantino’s auction interferes with Miramax&#8217;s own plans to enter the NFT space with “Pulp Fiction” NFTs. “This one-off effort devalues the NFT rights to “Pulp Fiction”, which Miramax intends to maximize through a strategic, comprehensive approach,” Williams said.&nbsp;



Outside of potentially throwing a wrench in Tarantino’s plans, the lawsuit could challenge traditional contractual and copyright legal principles, according to former CFTC enforcement attorney, Braden Perry.



&#8220;This case is an example of how complicated the evolving electronic world has become. NFT rights and ownership are highly complex and outside the regulatory [and] current legal guardrails,” Perry said. “The implications for the NFT space [are] significant. Here, when technology surpasses a regulatory scheme, there’s no precedent nor guidance, and individual cases will have to fill in the many blanks in the emerging field.”



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