Netflix’s dubbed ‘#Alive’ draws lawsuit from makers of English-language version

LOS ANGELES (CN) — Netflix has been on a tear with foreign series such as “Squid Games,” “Lupin” and “Money Heist,” that viewers who don’t like subtitles can watch dubbed in English. But the technological advances that allow the streaming behemoth to create high-quality dubbed versions of a movie or series in multiple languages have led to a novel copyright wrinkle.

Hollywood Innovation Group sued Netflix on Monday in Los Angeles federal court, claiming the streaming giant's “#Alive,” a dubbed version of a South Korean zombie thriller, infringes the plaintiff's exclusive rights to make non-Korean language versions based on the same underlying script.

The author of the screenplay sold the rights for “a single, feature-length motion picture in the Korean language” to the Korean producers in 2018, according to the complaint. A year later, Hollywood Innovation Group acquired the rights to make an English-language film based on the script as well as all derivative non-Korean language versions, according to the complaint.

The Korean movie was a box-office hit in that country and Netflix’s dubbed version was among its most popular movies last year. When Hollywood Innovation Group’s version, “Alone” starring Tyler Posey and Donald Sutherland, came out shortly after the Netflix release it predictably tanked.

“Netflix’s release of #Alive devastated the market for Alone and its October 2020 release,” according to the complaint. “Adding insult to injury, critics and audiences alike have incorrectly derided Alone as knock-off of #Alive.”

To sue for infringement over a dubbed movie is a fairly novel application of copyright law, John Tehranian, an attorney for Hollywood Innovation Group, said in an interview.

“Until recently there was no money in dubbing because there was no commercial marketplace,” Tehranian said. “But the language in the license is very clear — the Korean maker had the right to make only one single Korean-language movie.”

Representatives of Netflix didn’t respond to an email seeking comment on the lawsuit.

The case may hinge on the exact language in the agreement the Korean producers made, said Bryan Sullivan, an attorney with Early Sullivan Wright Gizer & McRae LLP, who isn’t involved in the case. But even if the plaintiffs can make a strong argument for breach of contract, it is a further issue whether they can claim copyright infringement, Sullivan said.

“Under copyright law, I don’t know if there are cases where just pure, straight dubbing is considered infringement.” Sullivan said.

The stakes are high because Netflix and the other major streaming services are not only trying to bring dubbed foreign productions before American audiences. They also want to expand beyond the saturated U.S. market and sign up viewers globally and dubbed content is one important way to reach foreign audiences.

Netflix allows viewers to watch #Alive dubbed in French, Spanish, German, and Russian among other languages, according to the complaint. Hollywood Innovation Group wants a judge to block Netflix from streaming any dubbed or subtitled versions of #Alive, as well as actual and statuary damages and attorney fees.

Follow @edpettersson

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