I found a friend watching a television programme that caught my eye. The programme was Kumkum Bhagya, which airs almost on a daily basis on one of our local TV stations. Kumkum Bhagya is a soap opera acted by actors of Asian descent but has been dubbed into one of our local languages, Kikuyu.
Dubbing or subtitling refers to the translation of an audio performance inside a film production. It happens frequently in the entertainment industry. A lot of movies and songs have subtitles to fit target viewership.
After watching this programme, I did a bit of research on dubbed movies in Kenya. I came across many by a person known as DJ Afro. This person has dubbed a lot of action thrillers in such a way that he retells the entire story in Sheng (local Swahili-English slang) or in Kikuyu. Some of the films this person has dubbed include Jackie Chan movies, Jail Break and even some Indian movies, which he has renamed, for example, “DJ Afro Ramayan Kihindi”. I found out that dubbing is popular in our local entertainment industry.
Is dubbing illegal? Is it legal to translate an audio performance in a video or film owned by another person? It may or not may be legal depending on the circumstances of each case.
When it comes to film production, distribution and marketing, sometimes the producer may allow subtitles and dubbing so as to reach a wider market.
The producer engages a distributor whose role is to distribute or commercialise the production.
Dubbing and subtitles may be allowed depending on the contract between the two parties.
An agreement may allow a distributor to alter the film so as to suit a particular market. For example, the agreement may allow the distributor to delete certain scenes to fit film classification in various jurisdictions.
The contract may allow the distributor to make subtitles and dub so as to fit a certain viewership.
Distributors then license the dubbed production to local television stations. Therefore, subtitling and dubbing may be legal in this context.
However, where subtitling and dubbing are done in an unauthorised manner, that is, without approval from the copyright holder then the same amounts to infringement.
A film producer is entitled to what is known as audiovisual rights under the Copyright Act of Kenya. This means the copyright holder has the right in Kenya to control reproduction, translation and even resale of the producer.
Therefore, where a third party dubs or produces a subtitle of a film without the necessary approval and authority then it is illegal.
A copyright holder could initiate an infringement case to seek various orders including Anton Piller orders, injunctions, damages and delivery up.
Copyright infringement does not only consist of making the unauthorised subtitles but bit it also reselling or distributing them.
The Copyright Act also criminalises such infringement.
The offence is punishable by a fine and imprisonment. The court may also order the infringer to surrender the infringing copy for destruction or any other orders as it may deem fit.
Inspectors appointed under the Copyright Act have the authority to inspect premises, seize goods suspected to be infringed and arrest suspects.
Inasmuch as the entertainment industry in Kenya is growing, it is advisable to stick to the law because copyright infringement is illegal.
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