Quentin Tarantino's Strategy – The Hollywood Reporter

Quentin Tarantino’s Strategy – The Hollywood Reporter

Miramax’s lawsuit against Quentin Tarantino over its plans to release non-tradable tokens pulp Fiction It opens a new front in the war of the NFTs. The studio argues that this is a zero-sum game: only one side should be allowed to profit from the new frontier of TV and movie exploitation. But the lawsuit may plead for a more nuanced outcome in the form of a decision that allows both parties to sell NFTs based on certain copyrights.

The lawsuit asks if it’s Tarantino who wrote the script for the movie and owns the copyright. pulp FictionIt has the right to publish portions of the work through the sale of NFTs.

The case may differ depending on the interpretation of the contract. Tarantino said it is within his own reserved rights to publish NFTs. Under its agreement with Miramax, Tarantino owns “print publishing (in audio and electronic formats, including but not limited to script publishing, ‘making’ of books, comics, and novelization) and “interactive” rights. media.”

“The allegations in Miramax’s complaint make it clear that the primary content for NFTs to be publicly auctioned consists of electronic copies of uncut early handwritten scripts from ‘Pulp Fiction’,” says Bryan Freedman, representing Tarantino. Proposal for adjudication of defenses on 21 June. “There is no doubt that this constitutes an electronic publication of the Script – distribution of one or more electronic copies.”

Meanwhile, Miramax claims its rights are broader and take into account technology that was not yet created in 1996 when the deal was concluded. The company that owns the film’s copyright is highlighting and centering on catch-all language, which says in its contract that it “owns all the rights.” . . known now or hereafter. . . in all known media now or thereafter. ”

Moving to win the case early, Tarantino urges the court to focus on copyright law. He argues that Miramax is not infringing on copyrights, as NFTs would exploit the script. pulp Fiction and not the movie itself.

“A film’s screenplay is an original copyrighted work that precedes the motion picture, and the exclusive copyrights to the screenplay, including elements such as dialogue, characters, plot, and scene descriptions, belong to the script’s author,” Freedman writes. “The motion picture created from the script is a derivative work of it.”

According to Tarantino, Miramax’s copyrights to the film only cover new elements that are not directly derived from the script, such as the presentation of the film, actors’ interpretations of characters, and added music or sound effects. But the NFTs it plans to release are a derivative of the scenario. The primary content associated with NFTs to be auctioned consists of soft copies of the initial handwritten scripts of the NFTs. pulp Fictionsays Tarantino.

One possible outcome of litigation could be an order allowing both parties to sell NFTs based on their copyright.

“Both parties have reserved rights and both have the ability to use NFTs to exercise those rights – Miramax on the film and Tarantino on the script,” says Jeremy Goldman, partner at Frankfurt Kurnit Klein & Selz. entertainment and technology law.

However, this result will lead to a decision that finds that NFTs are not designed in rights reserved by either party. Miramax relies on the language of the contract, acknowledging that it “has all the rights”. . . known now or hereafter. . . in all media now or hereafter”, but NFTs are not traditionally considered media.

“NFTs are not a form of distribution or media – that’s Miramax’s misunderstanding,” says Goldman. “They see NFTs as a tool for distribution that is part of how people view content. This is not it. It’s just a property record.”

Miramax’s complaint about Tarantino’s plans may have come from the director, who initially incorporated elements from the movie into their NFT. Early artworks, for example, included paintings by Samuel L. Jackson and John Travolta, which would likely have infringed Miramax’s copyright on the film. They have since been replaced by images of Tarantino.

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