`
`
`
`FREEDMAN + TAITELMAN, LLP
`Bryan J. Freedman (Bar No. 151990)
`bfreedman@ftllp.com
`Jesse A. Kaplan (Bar No. 255059)
`jkaplan@ftllp.com
`Theresa Troupson, Esq. (Bar No. 301215)
`ttroupson@ftllp.com
`1801 Century Park West, 5th Floor
`Los Angeles, CA 90067
`Telephone: (310) 201-0005
`Facsimile: (310) 201-0045
`
`
`IRELL & MANELLA, LLP
`David Nimmer (Bar No. 97170)
`dnimmer@irell.com
`Dennis J. Courtney (Bar No. 307646)
`dcourtney@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Telephone: (310) 203-7079
`Facsimile: (310) 203 -7199
`
`
`Attorneys for Defendants Quentin Tarantino
`and Visiona Romantica, Inc.
`
`
`
`
`MIRAMAX, LLC,
`Plaintiff,
`
`vs.
`QUENTIN TARANTINO; VISIONA
`ROMANTICA INC.; and DOES 1–50,
` Defendants.
`
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. 2:21-cv-08979-FMO-JC
`[Assigned to Honorable Fernando M.
`Olguin]
`
`QUENTIN TARATINO’S AND
`VISIONA ROMANTICA INC.’S
`ANSWER TO THE COMPLAINT
`
`REQUEST FOR JURY TRIAL
`
`
`
`
`
`
`
`ANSWER TO COMPLAINT
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 2 of 19 Page ID #:105
`
`
`
`Defendants Quentin Tarantino and Visiona Romantica, Inc. (“Defendants”), by
`and through the undersigned counsel, hereby answer the Complaint (“Complaint”) of
`plaintiff Miramax, LLC (“Plaintiff”), as follows:
`INTRODUCTION
`Twenty-eight years ago, Quentin Tarantino wrote a screenplay that would
`
`change the future of the entertainment business. He subsequently directed a film based
`on that screenplay, a critical darling and financial success that would, more than any
`other motion picture, define Miramax’s role atop the independent film pyramid. That
`movie, of course, was Pulp Fiction.
`Now a shell of its former self and flailing under a new ownership consortium,
`Miramax has decided to bite the hand that fed it for so many years by bringing this
`offensively meritless lawsuit. As Miramax knows well, Tarantino has every right to
`publish portions of his original handwritten screenplay for Pulp Fiction, a personal
`creative treasure that he has kept private for decades. Tarantino’s contracts clearly and
`unambiguously grant him the opportunity to do so – those rights were carefully
`identified, bargained for and memorialized – and Miramax in its prior incarnation
`freely agreed. But now, the new Miramax implausibly attempts to use the concept of
`NFTs to confuse the public and mislead this Court in an effort to deny artists such as
`Tarantino their hard earned and long-standing rights. Fortunately, Tarantino’s Pulp
`Fiction contracts are clear, as is the law, and this ill-conceived lawsuit will not succeed
`in preventing Tarantino from exercising his contractual rights.
`THE COMPLAINT’S ALLEGATIONS
`1.
`Answering the allegations in Paragraph 1 of the Complaint, Defendants
`admit that Tarantino has announced that portions of his original Pulp Fiction
`screenplay would be published via NFTs. Defendants further admit that Tarantino
`also announced that an NFT version of a portion of his original screenplay would be
`offered at an auction. Defendants are without knowledge or information as to the
`truth of the allegation of what was reported in the media, and therefore deny such
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`1
`ANSWER TO COMPLAINT
`
`
`
`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 3 of 19 Page ID #:106
`
`
`
`allegation. Defendants are without knowledge or information as to the truth of the
`allegation that the website https://tarantinonfts.com/, states that “[t]he collection holds
`secrets from Pulp Fiction,” and “[e]ach NFT contains one or more previously
`unknown secrets of a specific iconic scene from Pulp Fiction” and that the
`“privileged” purchasers “will get a hold of those secrets”, and therefore deny such
`allegation. Defendants deny all other allegations in this paragraph.
`2.
`Answering the allegations in Paragraph 2 of the Complaint, Defendants
`admit that prior to the public announcement, Tarantino did not speak to Miramax
`about portions of his original Pulp Fiction screenplay being potentially published via
`NFTs. Defendants deny that any such disclosure was required. Defendants further
`admit that Miramax has previously financed some of Tarantino’s film(s). Defendants
`further admit that Pulp Fiction, Jackie Brown, and Kill Bill: Volumes 1 and 2 were
`critically and commercially successful films. Defendants further admit that Tarantino
`has spoken to third-parties about the potential development and potential sale of NFT
`versions of his screenplays. Defendants deny all other allegations in this paragraph.
`3.
`Answering the allegations in Paragraph 3 of the Complaint, Defendants
`deny such allegations.
`4.
`Answering the allegations in Paragraph 4 of the Complaint, Defendants
`are without knowledge or information as to the truth of the allegation that Miramax
`learned of any plan by Tarantino, and therefore deny such allegation. Defendants
`admit that counsel for Miramax sent a cease and desist letter to Tarantino’s counsel on
`November 4, 2021, and that the cease and desist letter speaks for itself. Defendants
`further admit that Tarantino’s “Reserved Rights” under the operative agreements “are
`sufficient.” Defendants deny all other allegations in this paragraph.
`5.
`Answering the allegations in paragraph 5 of the Complaint, Defendants
`deny that Tarantino had any plans to distribute or authorize distribution of Miramax’s
`intellectual property via NFT. Defendants are without sufficient knowledge or
`information as to the truth of the remaining allegations, and therefore deny such
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`2
`ANSWER TO COMPLAINT
`
`
`
`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 4 of 19 Page ID #:107
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`
`
`allegations.
`6.
`Answering the allegations in Paragraph 6 of the Complaint, Defendants
`admit that Tarantino is a valued talent relationship. Defendants deny all other
`allegations in this paragraph.
`7.
`Answering the allegations in Paragraph 7 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`8.
`Answering the allegations in Paragraph 8 of the Complaint, Defendants
`admit that Tarantino is a United States Citizen. Defendants are without knowledge or
`information as to whether or not Tarantino qualifies as a resident of Israel, which calls
`for a legal conclusion. Defendants admit that Tarantino has ownership interests in
`entities that own businesses within Los Angeles, California, including the New
`Beverly Cinema and the Vista Theatre. Defendants deny all other allegations in this
`paragraph.
`9.
`Answering the allegations in Paragraph 9 of the Complaint, Defendants
`admit such allegations.
`10. Paragraph 10 of the Complaint requires no response as it merely states a
`legal conclusion. Moreover, there is no rule in federal practice expressly authorizing
`the use of the Doe defendants. To the contrary, the federal rules of civil procedure
`expressly require that each defendant be named and identified by their capacity to be
`sued. Defendants reserve all rights under the federal rules of civil procedure,
`including without limitation the right to oppose amendments of pleadings, including
`pleadings that purport to add additional defendants to this action. To the extent
`required, Defendants are without knowledge or information as to the truth of any
`allegations as to individuals or entities not named in the Complaint, and therefore
`deny such allegations.
`11. Paragraph 11 of the Complaint requires no response as it merely states a
`legal conclusion.
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`3
`ANSWER TO COMPLAINT
`
`
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 5 of 19 Page ID #:108
`
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`
`12. Paragraph 12 of the Complaint requires no response as it merely states a
`legal conclusion.
`13. Paragraph 13 of the Complaint requires no response as it merely states a
`legal conclusion.
`14. Paragraph 14 of the Complaint requires no response as it merely states a
`legal conclusion, but to the extent required, Defendants deny that there are any events
`giving rise to Miramax’s claims.
`15. Answering the allegations in Paragraph 15 of the Complaint, Defendants
`admit that Miramax is a film and television studio. Defendants are without sufficient
`knowledge or information as to the truth of the remaining allegations, and therefore
`deny such allegations.
`16. Answering the allegations in Paragraph 16 of the Complaint, Defendants
`admit that Pulp Fiction is an influential film. Defendants are without sufficient
`knowledge or information as to the truth of the remaining allegations, and therefore
`deny such allegations.
`17. Answering the allegations in Paragraph 17 of the Complaint, Defendants
`admit that Pulp Fiction is a prestigious and critically acclaimed film that has been
`highly lucrative for Miramax. Defendants are without sufficient knowledge or
`information as to the truth of the remaining allegations, and therefore deny such
`allegations.
`18. Answering the allegations in paragraph 18 of the Complaint, Defendants
`admit that Pulp Fiction was written and directed by Quentin Tarantino, and produced
`by Lawrence Bender. Defendants further admit that Quentin Tarantino and Lawrence
`Bender formed B25 Productions as a single purpose entity to produce and deliver the
`film to Miramax Film Corp. as the distributor. Defendants deny all other allegations
`in this paragraph.
`19. Answering the allegations in paragraph 19 of the Complaint, Defendants
`admit that effective as of June 23, 1993, Tarantino and Bender entered into an
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`4
`ANSWER TO COMPLAINT
`
`
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 6 of 19 Page ID #:109
`
`
`
`agreement (the “Original Rights Agreement”) with Miramax Film Corp. (“Miramax
`Corp”), and that a copy of that Original Rights Agreement is attached to the
`Complaint as Exhibit A. Defendants further admit that the Original Rights Agreement
`speaks for itself. Defendants are without sufficient knowledge or information as to the
`truth of whether Miramax Corp is the predecessor in interest to Miramax, and
`therefore denies such allegation.
`20. Answering the allegations in paragraph 20 of the Complaint, Defendants
`admit that pursuant to paragraphs 2-4 of the Original Rights Agreement, Tarantino
`and Bender initially granted certain rights to Miramax Corp in exchange for valuable
`consideration, but that agreement was later restructured with the consent of Miramax
`Corp. Defendants further admit that certain rights were excluded and reserved to
`Tarantino under the Original Rights Agreement, the B25 Agreement attached to the
`Complaint as Exhibit B, the letter agreement dated July 10, 1993 attached to the
`Complaint as Exhibit D, an Assignment dated July 15, 1993 attached to the Complaint
`as Exhibit E, a Short-Form Assignment Agreement attached to the Complaint as
`Exhibit F, and a certain “Notice” dated as of September 20, 1993, and that those
`documents speak for themselves. Defendants further admit that Paragraph 2 of the
`Original Rights Agreement states as follows:
`The rights granted to Miramax herein are hereinafter referred to as the
`"Rights". Producer hereby grants to Miramax for the "Territory" and
`"Term" (both defined below) all rights (including all copyrights and
`trademarks) in and to the Film (and all elements thereof in all stages
`of development and production) now or hereafter known including
`without limitation the right to distribute the Film in all media now or
`hereafter known (theatrical. Non-theatrical, all forms of television,
`home video, etc.) but excluding only the following rights ("Reserved
`Rights") which are reserved to Tarantino: soundtrack album, music
`publishing, live performance, print publication (including without
`limitation screenplay publication, "making of” books, comic books
`and novelization, in audio and electronic formats as well, as
`applicable), interactive media, theatrical and television sequel and
`remake rights, and television series and spinoff rights. Exercise of
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`5
`ANSWER TO COMPLAINT
`
`
`
`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 7 of 19 Page ID #:110
`
`
`
`certain of the Reserved Rights is subject to restrictions set forth
`elsewhere in this agreement. Tarantino shall have the right to use the
`title of the Film in connection with the exploitation of the Reserved
`Rights. For the purpose of this agreement, "interactive media" means
`any interactive device or mechanism, such as a computer game based
`on the Film, which may include literary or character elements used in
`the Film but shall not be a substantial replication or viewing of the
`Film. Interactive media rights, if not hereafter acquired by Miramax,
`shall he subject to a holdback to be negotiated in good faith, with a
`particular view to avoiding competition with home video. Miramax
`may publish for promotional purposes excerpts up to 7500 words from
`the screenplay on a not-for-sale basis.
`
`21. Answering the allegations in paragraph 21 of the Complaint, Defendants
`admit that Paragraph 2 of the Original Rights Agreement in conjunction with the B25
`Agreement attached to the Complaint as Exhibit B, the letter agreement dated July 10,
`1993 attached to the Complaint as Exhibit D, an Assignment dated July 15, 1993
`attached to the Complaint as Exhibit E, a Short-Form Assignment Agreement attached
`to the Complaint as Exhibit F, and a certain “Notice” dated as of September 20, 1993
`defined Tarantino’s “Reserved Rights”, and that those documents speak for
`themselves. Defendants further admit that Paragraph 2 of the Original Rights
`Agreement states as follows:
`The rights granted to Miramax herein are hereinafter referred to as the
`"Rights". Producer hereby grants to Miramax for the "Territory" and
`"Term" (both defined below) all rights (including all copyrights and
`trademarks) in and to the Film (and all elements thereof in all stages
`of development and production) now or hereafter known including
`without limitation the right to distribute the Film in all media now or
`hereafter known (theatrical. Non-theatrical, all forms of television,
`home video, etc.) but excluding only the following rights ("Reserved
`Rights") which are reserved to Tarantino: soundtrack album, music
`publishing, live performance, print publication (including without
`limitation screenplay publication, "making of” books, comic books
`and novelization, in audio and electronic formats as well, as
`applicable), interactive media, theatrical and television sequel and
`remake rights, and television series and spinoff rights. Exercise of
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`6
`ANSWER TO COMPLAINT
`
`
`
`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 8 of 19 Page ID #:111
`
`
`
`certain of the Reserved Rights is subject to restrictions set forth
`elsewhere in this agreement. Tarantino shall have the right to use the
`title of the Film in connection with the exploitation of the Reserved
`Rights. For the purpose of this agreement, "interactive media" means
`any interactive device or mechanism, such as a computer game based
`on the Film, which may include literary or character elements used in
`the Film but shall not be a substantial replication or viewing of the
`Film. Interactive media rights, if not hereafter acquired by Miramax,
`shall he subject to a holdback to be negotiated in good faith, with a
`particular view to avoiding competition with home video. Miramax
`may publish for promotional purposes excerpts up to 7500 words from
`the screenplay on a not-for-sale basis.
`
`
`
`22. Answering the allegations in Paragraph 22 of the Complaint, Defendants
`further admit that Paragraph 2 of the Original Rights Agreement states as follows:
`The rights granted to Miramax herein are hereinafter referred to as the
`"Rights". Producer hereby grants to Miramax for the "Territory" and
`"Term" (both defined below) all rights (including all copyrights and
`trademarks) in and to the Film (and all elements thereof In all stages
`of development and production) now or hereafter known including
`without. limitation the right to distribute the Film in all media now or
`hereafter known (theatrical. Non-theatrical, all forms of television,
`home video, etc.) but excluding only the following rights ("Reserved
`Rights") which are reserved to Tarantino: soundtrack album, music
`publishing, live performance, print publication (including without
`limitation screenplay publication, "making of” books, comic books
`and novelization, in audio and electronic formats as well, as
`applicable), interactive media, theatrical and television sequel and
`remake rights, and television series and spinoff rights. Exercise of
`certain of the Reserved Rights is subject to restrictions set forth
`elsewhere in this agreement. Tarantino shall have the right to use the
`title of the Film in connection with the exploitation of the Reserved
`Rights. For the purpose of this agreement, "interactive media" means
`any interactive device or mechanism, such as a computer game based
`on the Film, which may include literary or character elements used in
`the Film but shall not be a substantial replication or viewing of the
`Film. Interactive media rights, if not hereafter acquired by Miramax,
`shall he subject to a holdback to be negotiated in good faith, with a
`particular view to avoiding competition with home video. Miramax
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`7
`ANSWER TO COMPLAINT
`
`
`
`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 9 of 19 Page ID #:112
`
`
`
`may publish for promotional purposes excerpts up to 7500 words from
`the screenplay on a not-for-sale basis.
`
`Defendants deny all other allegations in this paragraph.
`23. Answering the allegations in Paragraph 23 of the Complaint, Defendants
`admit that as of July 10, 1993, Tarantino and B25 Productions entered into a letter
`agreement regarding Pulp Fiction (the “B25 Agreement”), and that a copy of that B25
`Agreement is attached to the Complaint as Exhibit B. Defendants further admit that
`the B25 Agreement speaks for itself.
`24. Answering the allegations in Paragraph 24 of the Complaint, Defendants
`admit that Miramax Corp sent a letter to Tarantino’s counsel dated as of July 10,
`1993, and that a copy of that letter is attached to the Complaint as Exhibit C.
`Defendants further admit that the letter speaks for itself. Defendants admit that letter
`stated as follows:
`We hereby consent to the transfer of certain rights from Quentin
`Tarantino to Brown 25 Productions, Inc. as set forth in the agreement
`dated as of July 10, 1993 between Quentin Tarantino and Brown 25
`Productions, Inc. (the "Brown 25 Agreement"). However, nothing
`contained in the Brown 25 Agreement shall diminish or derogate from
`the rights granted to Miramax under the dated as of agreement June
`23, 1993 between Quentin Tarantino and Lawrence Bender, on the
`one hand, and Miramax, on the other (the "Miramax Agreement"). In
`the event of any conflict between the Brown 25 Agreement and the
`Miramax Agreement, the Miramax Agreement shall control.
`
`
`Defendants further admit that Tarantino, Bender and B25 Productions requested
`Miramax’s consent, that Miramax Corp provided such consent, and that neither
`Tarantino nor Tarantino’s counsel refuted or rejected Miramax Corp’s letter.
`25. Answering the allegations in Paragraph 25 of the Complaint, Defendants
`admit that B25 Productions, Tarantino, Bender and Miramax Film Corp signed a letter
`agreement dated July 10, 1993, and that a copy of that letter agreement is attached to
`the Complaint as Exhibit D. Defendants further admit that the letter agreement speaks
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`8
`ANSWER TO COMPLAINT
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 10 of 19 Page ID #:113
`
`
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`for itself. Defendants are without sufficient knowledge or information as to the truth
`of the remaining allegations, and therefore deny such allegations.
`26. Answering the allegations in Paragraph 26 of the Complaint, Defendants
`admit that on or about July 15, 1993, Tarantino executed a notarized Assignment
`dated June 23, 1993, and that a copy of that Assignment is attached to the Complaint
`as Exhibit E. Defendants further admit that the Assignment speaks for itself.
`Defendants further admit that Miramax Corp consented to a restructuring whereby
`Tarantino granted certain rights to B25, and in turn, B25 granted certain rights to
`Miramax Corp. Defendants are without sufficient knowledge or information as to the
`truth of the remaining allegations, and therefore deny such allegations.
`27. Answering the allegations in Paragraph 27 of the Complaint, Defendants
`admit that the Assignment attached to the Complaint as Exhibit E speaks for itself.
`Defendants are without sufficient knowledge or information as to the truth of the
`remaining allegations, and therefore deny such allegations.
`28. Answering the allegations in Paragraph 28 of the Complaint, Defendants
`admit that the Assignment attached to the Complaint as Exhibit E speaks for itself.
`Defendants further admit that the Assignment to the Complaint as Exhibit E includes
`the following language:
`The following rights are reserved to Quentin Tarantino: soundtrack
`album, music publishing,
`live performance, print publication
`(including, without limitation, screenplay publication, "making of"
`books, comic books and novelization, in audio and electronic formats
`as well, as applicable), interactive media, theatrical and television
`sequel and remake rights, and television series and spinoff rights (the
`"Tarantino Reserved Rights"). The exercise of certain Reserved
`Rights is subject to restrictions set forth in the Agreement.
`
`29. Answering the allegations in Paragraph 29 of the Complaint, Defendants
`admit that on or about September 3, 1993, Tarantino signed a certain Short-Form
`Assignment Agreement, that a copy of that Short-Form Assignment Agreement is
`attached to the Complaint as Exhibit F, and that the Short-Form Assignment
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`ANSWER TO COMPLAINT
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 11 of 19 Page ID #:114
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`Agreement speaks for itself. Defendants deny that the Short-Form Assignment
`Agreement is void. Defendants deny all other allegations in this paragraph.
`30. Answering the allegations in Paragraph 30 of the Complaint, Defendants
`admit that on or about September 3, 1993, B25 Productions executed a certain
`“Notice” dated as of September 20, 1993, and that the “Notice” speaks for itself.
`31. Answering the allegations in Paragraph 31 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`32. Answering the allegations in Paragraph 32 of the Complaint, Defendants
`admit that B25 Productions was dissolved on or around January 8, 1996. Defendants
`are without sufficient knowledge or information as to the truth of the remaining
`allegations, and therefore deny such allegations.
`33. Answering the allegations in Paragraph 33 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`34. Answering the allegations in Paragraph 34 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`35.
` Answering the allegations in Paragraph 35 of the Complaint,
`Defendants are without knowledge or information as to the truth of those allegations,
`and therefore deny such allegations.
`36. Answering the allegations in paragraph 36 of the Complaint, Defendants
`deny such allegations.
`37. Answering the allegations in Paragraph 37 of the Complaint, Defendants
`deny that Tarantino has sold any Pulp Fiction NFTs or that Tarantino was required to
`consult with Miramax. Defendants admit that prior to the public announcement,
`Tarantino did not speak to Miramax about portions of his original Pulp Fiction
`screenplay potentially being made available in NFTs. Defendants further admit that
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`10
`ANSWER TO COMPLAINT
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`
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`Case 2:21-cv-08979-FMO-JC Document 17 Filed 12/09/21 Page 12 of 19 Page ID #:115
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`the Original Rights Agreement, the Tarantino-Miramax Assignment and the B25
`Instrument of Transfer speak for themselves in terms of any rights that were granted.
`38. Answering the allegations in Paragraph 38 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`39. Answering the allegations in Paragraph 39 of the Complaint, Defendants
`admit that Tarantino stated that “I’m excited to be presenting these exclusive scenes
`from PULP FICTION to fans”, or words to that effect. Defendants are without
`knowledge or information as to the substance of any “Press Release”, and therefore
`deny any allegations concerning what was stated in any “Press Release”. Defendants
`further admit that in or around early November 2021, Tarantino attended the
`NFT.NYC crypto-art conference in New York City and that at that conference,
`Tarantino announced that portions of his original Pulp Fiction screenplay would be
`published via NFTs. Defendants are without sufficient knowledge or information as
`to the truth of the remaining allegations, and therefore deny such allegations.
`40. Answering the allegations in Paragraph 40 of the Complaint, Defendants
`deny that Tarantino established the Website. Defendants are without sufficient
`knowledge or information as to the truth of the remaining allegations, and therefore
`deny such allegations.
`41. Answering the allegations in Paragraph 41 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`42. Answering the allegations in paragraph 42 of the Complaint, Defendants
`deny such allegations.
`43. Answering the allegations in paragraph 43 of the Complaint, Defendants
`admit that counsel for Miramax sent a cease and desist letter to Tarantino’s counsel on
`November 4, 2021, and that the cease and desist letter speaks for itself. Defendants
`deny that the cease and desist letter’s allegations were true and correct.
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`44. Answering the allegations in paragraph 44 of the Complaint, Defendants
`admit that counsel for Miramax sent a cease and desist letter to Tarantino’s counsel on
`November 4, 2021, and that the cease and desist letter speaks for itself. Defendants
`deny that the cease and desist letter’s allegations were true and correct.
`45. Answering the allegations in paragraph 45 of the Complaint, Defendants
`admit that Tarantino’s counsel e-mailed Miramax on November 5, 2021, and that e-
`mail speaks for itself. Defendants further admit that Tarantino’s counsel stated,
`among other things, that “This will be an NFT collection consisting of 7 NFTs, each
`containing a high-resolution digital scan of Quentin’s original handwritten screenplay
`pages for a single scene from his screenplay for Pulp Fiction.” Defendants deny that
`Tarantino’s counsel confirmed any statements from any Press Release.
`46. Answering the allegations in paragraph 46 of the Complaint, Defendants
`admit that Tarantino’s counsel stated, among other things, that the NFTs would
`contain a digital scan of portions of Tarantino’s original Pulp Fiction screenplay and
`that there is “no other embellishment or additions to the actual screenplay scans
`themselves.” Defendants further admit that Tarantino’s counsel, stated, among other
`things, that “for each NFT, there will be a kind of ‘book cover’ that will be a static
`original drawing that will be inspired by some element from the scene … that they
`cannot use any images from the film itself in this regard. These drawings have not yet
`been rendered, but that is the plan.” Defendants further admit that Tarantino’s counsel
`correctly contended that Tarantino was acting within his “Reserved Rights”, including
`the right to publish Tarantino’s Pulp Fiction screenplay. Defendants deny all other
`allegations in this paragraph.
`47. Answering the allegations in paragraph 47 of the Complaint, Defendants
`deny that Tarantino had any plans to sell or distribute Miramax’s intellectual property
`via NFTs. Defendants are without sufficient knowledge or information as to the truth
`of the remaining allegations, and therefore deny such allegations.
`48. Answering the allegations in Paragraph 48 of the Complaint, Defendants
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`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`49. Answering the allegations in Paragraph 49 of the Complaint, Defendants
`are without knowledge or information as to the truth of those allegations, and
`therefore deny such allegations.
`50. Answering the allegations in Paragraph 50 of the Complaint, Defendants
`are without knowledge or information as to the truth of the allegations about the
`substance of any media reports. Defendants further deny that the cease and desist
`letter contained any demands to which Tarantino or his counsel were required to
`comply. Defendants deny all other allegations in this paragraph.
`51. Answering the allegations in paragraph 51 of the Complaint, this
`paragraph does not allege any facts that can be admitted or denied.
`52. Answering the allegations in paragraph 52 of the Complaint, Defendants
`admit that pursuant to paragraphs 2-4 of the Original Rights Agreement and the
`Assignment attached to the Complaint as Exhibit E, Tarantino granted certain rights to
`Miramax Corp in exchange for valuable consideration, and that the Original Rights
`Agreement and the Assignment speaks for themselves. Defendants further admit that
`Tarantino had Reserved Rights under both the Original Rights Agreement and the
`Assignment.
`53. Answering the allegations in paragraph 53 of the Complaint, Defendants
`deny such allegations.
`54. Answering the allegations in paragraph 54 of the Complaint, this
`paragraph does not allege any facts that can be admitted or denied.
`55. Answering the allegations in paragraph 55 of the Complaint, the
`allegation that the finished motion picture Pulp Fiction and all elements thereof in all
`stages of development and production are all original works containing copyrightable
`subject matter for which copyright protection exists under the Copyright Act, 17
`U.S.C. § 101, et. seq., requires no response as it merely states a legal conclusion.
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`Defendants admit that Tarantino has certain “Reserved Rights” to Pulp Fiction as
`enumerated by various agreements. Defendants are without sufficient knowledge or
`information as to the truth of the remaining allegations, and therefore deny such
`allegations.
`56. Answering the allegations in paragraph 56 of the Complaint, Defendants
`deny such allegations.
`57. Answering the allegations in paragraph 57 of the Complaint, Defendants
`deny such allegations.
`58. Answering the allegations in paragraph 58 of the Complaint, Defendants
`deny such allegations.
`59. An