Access for Moviegoers Who are Deaf, Hard of Hearing or Late-Deafened

Coalition for Movie Captioning Position Paper and Statement of Expectations(Adopted by CMC on 1/16/2001)

Our Vision:

We believe individuals who are deaf, hard of hearing and late-deafened should have the same freedom as anyone else:

• To attend any showing of any movie in any theater at any time;

• To be seated anywhere within the theater with their family and friends;

• To receive equal access to the audible portions of the movie through high quality captioning;

• To be guaranteed that the presentation of captioning is consistently reliable.

The Coalition for Movie Captioning (CMC) is a coalition of major national organizations that addresses the theater access needs of 28 million consumers who are deaf, hard of hearing, late deafened, and deaf-blind. The core member organizations are: Alexander Graham Bell Association for the Deaf and the Hard of Hearing (AGBell), American Society for Deaf Children (ASDC), Association of Late-Deafened Adults (ALDA), Cochlear Implant Association, Inc. (CIAI), Consumer Action Network (CAN), Deaf Seniors of America (DSA), League for the Hard of Hearing (LHH), National Association of the Deaf (NAD), Self Help for Hard of Hearing People (SHHH), and Telecommunications for the Deaf, Inc. (TDI). More Info (1)

Silent movies once provided an equal opportunity for people to enjoy cinema without regard to their ability to hear. In the decades since sound became a part of cinema, millions of Americans who cannot easily understand the spoken word have sought to recapture the pleasure of cinema. Captioning of movies provides such an opportunity. Similar to subtitles, captioning provides access to spoken dialogue as well as information about sounds occurring during the movie as well as the text of any words that are spoken.

The number of people experiencing hearing loss has been growing rapidly, and is expected to continue rising. Captioning also benefits individuals seeking to improve their reading and literacy skills, as well as those learning English as a second language. When these groups are counted, more than 100 million Americans (2) would directly benefit from captioning. That number rises further when hearing or hard of hearing viewers have difficulty comprehending the parts of movie dialogue that includes regional or foreign accents. Captioning provides a visual dimension where words can be understood even if there is distracting background noise in the theater or in the movie itself.

The different methods of providing captioning can be described in two broad categories: screen-based captioning and seat-based captioning. Screen-based captioning systems involve either open captions embedded in the film so that they appear on the screen, or captioning that appears on an integrated display that is installed below, above or near the screen within comfortable viewing distance. Seat-based captioning involves the use of integrated systems installed in the theater, often requires the use of peripheral equipment such as reflectors or special glasses, and is sometimes effective only in limited seating areas. Research and development continues on current and emerging captioning technologies, and member organizations of CMC are available to provide technical assistance in the areas of consumer input.  More Info (3)

Movie studios and theaters have been slow to adopt open captioning of movies by claiming that open captioning causes a negative effect on box office sales. There have been no formal or independent studies or testing to support this claim. Nor has there been research to document the unknown number of individuals who do not attend movies because of the lack of captioning. Going to the movies is a popular social outlet in American culture and very few people attend movies alone. When people stay away due to the absence of captioning on the film, so do the family members and friends who might otherwise accompany them.

Both studios and theaters have said that their budgets do not allow them to provide captioned access to first-run movies. Yet, American film studios routinely subtitle their films for showing in other countries. CMC strongly urges that they conduct extensive cost-benefit analyses to determine how much additional business can be generated by providing captioned films.

CMC believes that public acceptance of captioning is on the rise. The public has become more exposed to captioning on televisions in their homes, as well as restaurants, health clubs, bars, and other noisy public places. Museums and opera houses nationwide already provide access using subtitles or "surtitles" — captions shown on a display above or near the stage/screen.

In February 2000, eight deaf individuals in Oregon filed a state class action lawsuit against four movie theater chains under Title III of the Americans with Disabilities Act (ADA). This filing, as modified, asked those theaters to provide access through a seat-based system such as the Rear Window(TM) Captioning system or other forms of auxiliary aids that would provide effective communication. Several months later in May 2000, three deaf individuals filed a similar lawsuit against two other movie theater chains in Washington, D.C.

CMC is monitoring the lawsuits. While we support the right of any individual or organization to seek legal remedies for alleged discrimination, we want solutions that would not lock into a particular technology, but leave open the possibility for other long-term solutions as technology evolves. CMC urges the studios to share responsibility with theaters in developing captioning solutions for their deaf, hard of hearing and late-deafened patrons.

Studios produce and distribute movies. Through the "direct-studio distribution" method, studios decide which theaters may show which film, and sometimes even the particular screen, based on the popularity of the film and the theater’s past box office receipts. Since 1993, theaters around the country have been arranging special open captioned showings of movies with a third-party distributor. Third-party distribution has not provided deaf, hard of hearing and late-deafened moviegoers with access to movies at the time they are released. There are few advertisements or symbols in newspapers to indicate which films are captioned. With rare exceptions, there are no regular schedules for captioned movies, making it difficult for people needing captions to know when they are available. CMC believes strongly that studios should use the direct-studio method to distribute captioned films, incorporating the cost and provision of captioning in film production budgets. Studios also need to work with theaters to ensure provision of captioned, first-run movies in theaters nationwide and advertise captioned films as they would any other movie.

Regardless of the outcome of any lawsuits, CMC urges both the studios and theater owners to take a more active role in technological developments that can provide access. On the horizon are digital video systems that permit global electronic distribution and showings of movies with tracks for audio and text in several languages. We believe that with sufficient planning and collaboration via research and testing between consumer organizations and movie studios and theaters, these emerging digital technologies will make universal captioning a reality

CMC represents the voice of a wide cross section of society and is familiar with the needs of the underserved patrons who are deaf, late deafened, hard of hearing, and deaf-blind. CMC and its member organizations stand ready to help the industry achieve access by providing input and referrals, assisting studios with market research, cost/benefit analyses, standards setting, as well as testing, outreach and sensitivity training to personnel at local movie theaters.

Statement of Expectations

Captions (closed or open) must be available on the day and date of release of new movies.

It is not enough to just have captions; they must follow certain professional standards for readability, such as appropriate color, font, size, and background. The Captioned Media Program has developed The Captioning Key, endorsed by the US Department of Education, which is applicable to all captioning projects, including theatrical movies.

The Key is very helpful in establishing consistency, and other features such as:

• Formats and types (the kind of captioning used, such as open or closed captions)

• Text (the appearance, color and or font style of the letters on the screen)

• Contrast (readability of captioning — letters should not blend into background)

• Presentation rate (words per minute — synchronized with audio without lag time)

• Language mechanics (spelling, punctuation and others)

• Sound effect identification (music and certain regional/foreign accents, emotions such as sarcasm critical to understanding the plot, and whether a specific sound is coming from on- or off-screen)

• Placement and other special considerations (on- or off-screen speaker identification). (For full details, see "Captioning Is the Key".

• The method that is used to provide captions must be completely dependable. Viewable area must be sized so that captions are not running off the screen; equipment must be optimally maintained and should be repaired or replaced immediately in the event of a malfunction or breakdown.  When captioning is not working, it should be treated with the same urgency and respect as if the sound system is not working.

• When captioned movies are scheduled for showings, all advertising provided by the studios and movie theaters on television and in newspapers must state the availability of captioning. Voice mail response systems and websites operated by theaters should be accessible to all patrons seeking information about captioned movies. This can be done by having text capabilities installed on voice activated phone menu systems and the use of captions on streaming videos in their websites.

• Strong efforts should be made to involve a large and diverse group of deaf, hard of hearing or late-deafened individuals when evaluating captioning systems or prototypes. When forming focus groups, product developers need to be sure to select a large number and varied groups. Research and development must provide adequate clearances for viewing and maneuvering of patrons within the theater and consider the logistical aspects of movie viewing such as:

• Handling refreshments. Viewers need a place to put their concession stand purchases.

• Seating location and position throughout the movie. No one is expected to sit still, much less be held captive by peripheral equipment that restricts one to certain seats or their ability to shift seating positions.

• Adjusting peripheral equipment. Actions of others in the theater may throw viewing apparatus out of alignment.

Footnotes:

1. CMC welcomes additional national and local member organizations that want to sign on in support of our goal of full movie access. CMC meets regularly in the Washington, DC area.

2. In addition to 28 million Americans with hearing loss, 26 million elementary school children, 30 million people learning English as a second language and 40 million individuals over the age of 16 learning literacy skills. Source: NIDCD (National Institute on Deafness and other Communications Disorders), a division of the National Institutes of Health.

3. Attached (at the bottom) to this position paper is a statement of expectations for industry representatives, researchers, policy-makers, consumers and any other parties with vested interests in the development and provision of new captioning technologies for movies.
   

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