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Miramax Sues Quentin Tarantino Over 'Pulp Fiction' NFT Auction (variety.com) 46

Miramax filed a lawsuit on Tuesday accusing Quentin Tarantino of copyright infringement by selling NFTs based on the screenplay for "Pulp Fiction." From a report: Tarantino announced the sale at a recent crypto-art convention in New York. "I'm excited to be presenting these exclusive scenes from 'Pulp Fiction' to fans," Tarantino said in a Nov. 2 press release. The plan is to auction off NFT -- non-fungible tokens -- based on excerpts from Tarantinoâ(TM)s original handwritten script for the film, accompanied by commentary. The NFT is pitched as "secret," meaning that its contents will be viewable exclusively by the owner. But according to the suit, Tarantino did not consult beforehand with Miramax -- which still owns the rights to the director's 1994 classic. Miramax's attorneys have sent a cease and desist letter seeking to block the sale, but that has not stopped Tarantino and his team from moving forward. Miramax alleges that Tarantino's actions have interfered with the studio's own plans to enter the market for "Pulp Fiction" NFTs. In a statement, Miramax attorney Bart Williams accused Tarantino's team of a "deliberate, pre-meditated, short-term money grab."
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Miramax Sues Quentin Tarantino Over 'Pulp Fiction' NFT Auction

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  • Huh? (Score:5, Insightful)

    by Lab Rat Jason ( 2495638 ) on Wednesday November 17, 2021 @10:50AM (#61996157)

    Aren't all NFTs a "deliberate, pre-meditated, short-term money grab?"

  • by MobyDisk ( 75490 ) on Wednesday November 17, 2021 @11:08AM (#61996223) Homepage

    Does the movie studio own the copyright to the original manuscripts? Must one own the copyright to something in order to sell an NFT of it? Must one own the copyright to something order to calculate its hash? Is the hash of a copyrighted work subject to copyright? Can I copyright a hash? If someone finds two images which produce the same hash, who holds the copyright on it? What if I use the hash to generate artwork, is the hash now copyrightable? If someone else holds copyright to the hash I started with, does that person hold copyright to the resulting art? What if I use the hash as a Minecraft seed, am I infringing their copyright?

    I must be ahead of my time because years ago as a joke, a friend was selling GUIDs on a work bulletin board. He would put up a slip of paper guaranteeing that the GUID was clean and never used, but without stating what the value of the GUID is. This isn't much different.

    • Article says:

      The suit appears to turn on the question of whether selling NFTs based on excerpts of a screenplay qualify as a "publication" of the screenplay. According to the suit, Tarantinoâ(TM)s lawyer has told Miramax that Tarantino retained the right to publish his screenplay in the Miramax contract, and that he is exercising that right through the NFT sale.

      Miramax argues that NFTs are a one-time sale, and are not equivalent to publication of a screenplay, and that therefore Miramax owns the NFT

      • by fuzznutz ( 789413 ) on Wednesday November 17, 2021 @11:35AM (#61996303)

        So, it's legitimately unclear, because the technology came long after the contract was inked.

        No. No it's not. There is no magic number of copies required to be a publication. Miramax is just upset that QT beat them to the draw is fleecing the highest bidder first.

        • No. No it's not. There is no magic number of copies required to be a publication. Miramax is just upset that QT beat them to the draw and is fleecing the highest bidder first.

          Note to self... Read preview before hitting submit.

        • The question is: is selling an NFT the same as publication of the manuscript, or is it more akin to selling Pulp Fiction merchandise (for which I assume Miramax owns the rights)? He'd be ok to sell the manuscript itself, or perhaps to sell exclusive access to it. But a tradeable token is a bit more than that.
      • Miramax argues that NFTs are a one-time sale, and are not equivalent to publication of a screenplay, and that therefore Miramax owns the NFT rights.

        And yet somehow I think that Miramax would sprain a lawyer's wrist filing suit against anyone selling an NFT of the entirety of Pulp Fiction and claiming it's not copyright infringement because copyright infringement requires "publication".

        • IANAL but I think the standard boilerplate protecting IP covers a lot more cases than "publication."
          • by HiThere ( 15173 )

            Yesss ... but just what is being published? Can you reconstitute the original from the NFT? Based on what others have been saying, I don't think so. And if you can't, in what way is it infringing on the copyright?

            I think I need to rephrase that. Can you reconstitue any part of the original from the NFT?

            If, as others have indicate, it's generated as a hash, then the answer would be expected to be no. OTOH, I have a hard time imagining non-tech folks thinking a hash of some image was in any way worth pay

            • by Anonymous Coward

              Yesss ... but just what is being published? Can you reconstitute the original from the NFT?

              No. Think of an NFT as a receipt. A receipt that can't be forged, and a receipt anyone can verify was A) sold by the seller, and B) purchased by the buyer.

              And if you can't, in what way is it infringing on the copyright?

              Miramax claims Tarantino signed away his copyright rights to the original script.
              Tarantino claims he did no such thing.

              Note that when Tarantino announced selling the NFT, Miramax started not with a lawsuit but by sending a cease and desist to not claim to transfer copyright ownership he didn't have rights to.

              Tarantino responded he was going to do so any

    • by SethJohnson ( 112166 ) on Wednesday November 17, 2021 @11:49AM (#61996359) Homepage Journal
      I would expect Miramax owns any usage of the name "Pulp Fiction" such that no merchandising can be created by Tarantino without their participation. This NFT would probably fall into the merchandising category and would be perceived by the courts as equivalent to Tarantino screen printing Pulp Fiction t-shirts to sell out of the trunk of his car.

      I would have expected Tarantino to be above this type of whoring of his art.
    • Must one own the copyright to something in order to sell an NFT of it?

      Since buying an NFT does not grant you any actual rights, it's difficult to see how anyone else's rights are violated by it.

    • It would be in interesting case. I think I read an article once talking about the legality of selling pictures of monuments. MY understanding is that you cannot???? take a picture and sell it of the statue of liberty. Because someone owns the copyright to the SoL so it would be like taking a picture of a new Star Was movie, printing it a a t shirt and selling it. Yes, you did all the work, and the lighting and angle and choice were transformative somewhat, but they own the entire concept of Star War, its c

  • Miramax alleges that Tarantino's actions have interfered with the studio's own plans to enter the market [...]

    Sounds to me like this sort of drama will drive up the NFT prices for everyone, given that they're basically just vehicles for buying "hype".

  • by ceoyoyo ( 59147 ) on Wednesday November 17, 2021 @11:17AM (#61996255)

    It's going to be entertaining watching Tarantino explain to a judge that he wants to sell an entry in a file on the Internet containing a URL to another file on the Internet, which is itself widely available for free from a variety of sources.

    And then Miramax arguing that no, Tarantino shouldn't be allowed to do that because it's a great idea and we want to do it instead.

    • by GlobalEcho ( 26240 ) on Wednesday November 17, 2021 @12:32PM (#61996491)

      It's going to be entertaining watching Tarantino explain to a judge that he wants to sell an entry in a file on the Internet containing a URL to another file on the Internet, which is itself widely available for free from a variety of sources.

      And then Miramax arguing that no, Tarantino shouldn't be allowed to do that because it's a great idea and we want to do it instead.

      Pithiest take I have read, well said!

      "Your honor, I would like to enter into evidence this URL, pointing to a large integer, which nobody had computed before last week Tuesday, containing a shorter summary of the movie 'Pulp Fiction' than any newspaper article. It belongs to my client Miramax."

  • If Tarantino were selling an autographed copy of the screenplay on eBay, I'm sure Miramax would be fine with it. The NFT is basically just a way to verify the authenticity of a digital copy of something, the way a certificate of authenticity does for a physical item like an autograph.

    • But the NFT in itself attains a value, and is tradeable. That makes it more than a certificate of authenticity, and more of a memorabilia in its own right. You could argue that people are not buying the NFT to access the manuscript; they're paying for the NFT itself. That makes it Pulp Fiction merchandise. Well, maybe. I;ve no idea if any of that would hold up in court.
  • The internet is awesome!

  • Maybe trademark infringement for selling something under a trade name that Miramax owns, but I thought NFTs don't actually entitle the owner to any kind of copyright.
    • Wouldn't NFTs fall into the very clearly defined, legally speaking, category of "derivative work"? After all the NFT of the screenplay cannot exist without the screenplay, since it is a kind of "checksum" of the content of the text.

      • by HiThere ( 15173 )

        Only if it's a work of art. And from what I can gather that's not a fair description of an NFT. I think it would clearly fall under "fair use" if it were covered by copyright at all. If it weren't for the money.

  • Mr. Wolf [youtube.com] will fix this.
  • IANAL but based on TFA Tarantino's rights include screenplay publication and electronic formats. Sounds like maybe this is selling the right to a single person to view the screenplay online, but not sure if he is also selling the original screenplay document himself or if he owns that. Seems like a neat way for artists and collectors to reserve and monetize their rights by selling access to a group of people, like running a library / private collection or exhibition space. I don't see it as being worth mill

  • I do not know what is worse, the selling of poorly drawn worthless digital images, or people taking pictures of things actually worth money and selling URLs to said images.

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