Category Archives: Articles and News

Special Focus: Hearing Impaired/Visual Impaired, Articles and News

Rapidly evolving science and politics in the HI / VI world of DCinema.

Deaf Sue Cinemark Chain

 

The suit is brought by The Association of Late-Deafened Adults (“ALDA”) on behalf of its members with hearing loss, and two individual plaintiffs.  The plaintiffs are represented by Disability Rights Advocates (“DRA”), a non-profit disability rights firm headquartered in Berkeley, California that specializes in high-impact cases on behalf of people with disabilities and John Waldo, a lawyer whose practice focuses on the unique legal needs of the Hard-of-Hearing and Deaf. He works on access and advocacy issues through the Washington Communication Access Project (Wash-CAP), www.hearinglosslaw.com

So begins the press release from Disability Rights Advocates which is available for download here with the complaint that was filed this week in a California Superior Court in Alameda County, California.  

Report: 2010 Digital Captioning Symposium

2010 Digital Captioning Symposium

Fast forward sixteen years later. This week, I sat in the Washington, D.C. Digital Captioning Symposium presented by Regal Entertainment Group and National Association of Theater Owners. The symposium participants were representatives from deaf and hard of hearing organizations. In this presentation, we learned that movie theaters are quickly adopting digital projectors, which increases opportunities for movie theatre captioning for deaf and hard of hearing patrons. In considering a “personal captioning device” for a theater, there are five decisions that theater owners take into consideration:

  1. Ease of Use: Is the device intuitive for the patron? Is it easy for theater employees to manage set-up post installation?
  2. Maintenance: Can the devices be cleaned with ease? Are different parts easily replaced when they break?
  3. Privacy: Are the captions only seen by the deaf and hard of hearing patron? No distraction to neighbors?
  4. Depth-of-Field: Can captions be viewed without eye-strain? Can user view captions simultaneously with movie, or does the user read the captions up-close first, then view movie?
  5. Cost: Is it affordable for the theater to install and maintain as technology develops?

For the original of this article and links to the keen mobile apps, go to:
 Theater Captioning: Back to the Future | Keen Scene


Four Market-Ready Personal Captioning Devices:

With these in mind, we tested four different personal captioning devices for twenty-minutes each as we watched Disney’s “Game Plan,” and I’ll offer a brief summary of how they worked, and a few pros and cons. Note that this is my personal opinion, and not representative of the whole group or the deaf and hard of hearing organization that I represented (Alexander Graham Bell Association for the Deaf and Hard of Hearing).

MoPix: WGBH Boston – Media Access Group Mopix Rear Window System shot

Better known as “Rear-window captioning” Motion Picture Access (MoPix), developed by The Media Access Group, part of WGBH of Boston has been in the market as a first-mover since 1997 and a reliable product.

How it works: An LED-screen is set up in the rear of the theatre and displays three lines of captions in reverse. The user has a transparent reflective plexiglass attached to a “gooseneck” stem that can be positioned in the cup holder. Once a user positions the plexiglass to the optimal angle of the LED screen and screen, captions can be superimposed on the screen.

Pros: The user does not have to worry about any technical difficulties (i.e., battery running out, not having a wireless signal). The depth-of-field is the same as the screen, so there is no eye-strain.

Cons: Getting the right angle and positioning can be challenging. Where you are seated in the theatre makes a difference. The closer you are to the LED screen and to the center, the better.

More Information: http://ncam.wgbh.org/mopix/

Infrared Closed Captioning System: USL, Inc. USL Captioning System Front End

How it works: Attached to a similar “gooseneck” arm as MoPix, a small box with a window displays two-lines of captions that are triggered by the infrared system. The user views the captions inside this “window” (black screen with white text) and then the movie screen.

Pros: The captions are available inside the “window,” so user can easily shift in seat and adjust the gooseneck accordingly.

Cons: Two different depth-of-fields: The user needs to read the captions up close first, then view the screen at the distance. So it creates some eye-strain. I positioned the gooseneck away from me and that helped just a little bit. Second, it is subject to technical difficulty with the wireless transmitter and battery life. (What if the theaterstaff forgets to charge it? or turn on infrared panel?)

More Information: http://www.uslinc.com/products-sound-CCS.html

CaptiView: Doremi Cinema, Inc. Doremi Captiview Frontend

How it works: Attached to a gooseneck, a long, thin OLED panel holds three lines high-contrast captions, outfitted with a privacy screen so that users do not see the captions. (Not unlike the computer film you may put on your phone or laptops.) Captions are received via a wireless transmitter.

Pros: Easy to sit anywhere in the house and adjust positioning of display relative to the movie screen. Letter-boxed captions easy to read.

Cons: Depth of field is not the same as screen, but for some reason, did not bother me as much as USL’s Infrared Captioning System. Maybe it was because I was used to it by that point? Or perhaps the fact that the words were “closer” in the panel, rather than far back in the window.

More Information: http://www.doremicinema.com/PDF/CaptiViewSheet.pdf (PDF)

iGlass: Sony Sony Model of iGlasses for subtitles

This was interesting and different than the rest. It didn’t require a gooseneck device attached to a cup holder. So yes, I can bring in my soda and be able to easily reach for it! This product, developed by Sony, is in Beta, so I found a similar concept of goggles as you can see to the right.

How it works: Infrared panels transmit captions and user has a small receiver that are attached to a pair of seemingly futuristic glasses. Inside the glasses are clear “screens” that display captions straight out in front of you. (And yes, that means you may see captions on the wall if you turn your head to the side of the theater.)

Pros: Depth-of-field is the same as the screen. Can easily be superimposed on the theatre screen. Virtually no eye-strain. Glasses are consistently positioned on the face, so no need to re-adjust gooseneck when user moves around in the seat. Also, it’s not as conspicuous!

Cons: Just got a bit tricky with real-estate around my ears due to bilateral cochlear implants. But not a deal-breaker. Similar to USL, Doremi, there are areas for technical difficulty by the user.

What If…

It’d be interesting if there was an “invisible ink-” style captions actually part of the movie that can only be visible from a special pair of glasses? Or a similar projector from the back that displays captions on top, only visible to a specific type of lens? Any other ideas out there?

Progress, for sure!

It was an interesting day to test out all these devices and watch Disney’s  ”Game Plan” – Of course, with it being Disney, I almost had to reach for some kleenex when we reached the inevitable, predictable happy ending.  It’ll be interesting to see what the theaters roll out in the near future, and I think it’s sooner than we think. It’s definitely an improvement over what I saw at the last Personal Captioning Symposium hosted by Regal in 2006. Keep up the good work!

About the author

Catharine McNally is the founder of Keen Guides, which was formed to create more mainstream and accessible tourism experiences for everyone. McNally spends her efforts on user experience and design, video production and distribution, and staying ahead of the accessibility curve. You can follow Catharine on twitter (@cmcnally)

While more needs to be done…Phil Clapp

An article from cinemabusiness magazine, August 2008; Comment Section  by Phil Clapp, chief executive of the CEA (the cinema exhibitors’ association fo the UK) www.cinemaul.org.uk

Sound and vision – While more needs to be done, the UK should be proud of how it is making cinema accessible


But the return for the cinema industry — and the reasons behind this activity — perhaps demand deeper analysis. By “the cinema industry” I mean of course not just the exhibition sector, but also distribution colleagues, who have an admirable record in the timely supply of accessible versions of current releases, and those working on the technical and operational aspects of providing such materials, who have been unfailingly positive and constructive in supporting this activity.

The 1995 Disability Discrimination Act (and subsequent revisions) required cinemas to make ‘reasonable adjustments’ to meet the needs of people with disabilities. This undoubtedly focussed minds on the barriers — physical and otherwise — facing disabled people wishing to go to the cinema. The guidelines produced by the Cinema Exhibitors’ Association (CEA) on best practice in this area bear testimony to that.

But the level of investment in which in truth provides a basic framework for action. The industry has embraced the necessary change of mindset more willingly and proactively than many other comparable leisure sectors.

There may, of course, be potential business benefits to such activity, not least opportunities to attract a new and significant audience. There are around two million blind and partially sighted people and around nine million deaf and hard-of-hearing people (including 35,000 children and young people) in the UK — a potential source of genuinely new business at a time when annual cinema admissions remain stubbornly around the 170 million mark. Against that, the evidence is that subtitled screenings for example remain a challenging exercise, with some circuits observing a significant reduction in box office. The reasons for this — usually paraphrased as ‘people dislike subtitles’ — are likely to be complex. (The CEA is currently undertaking a survey with audiences at key circuits to explore this further).

The increased provision of accessible screenings can only of course help the public image of cinema. Experience suggests that in any dispute between a cinema operator and a disabled customer, there is only one winner in the court of local public opinion. But current levels of co-operation and engagement provided by groups representing people with sight and hearing disabilities seem to be about something other than the wish to ‘name and shame’, and it is for me that shared approach which has been key to the progress made.

Those representative groups, all members of the Industry Disability Working Group, are unfailingly supportive in their approach. Of course they press for more to be done, and offer a robust challenge when things occasionally fall below the standards that have now been set. But they also recognise that the industry has itself been proactive in embracing many of the changes needed to make cinema more accessible to people with disabilities.

Examples of that proactive approach include the willingness of the industry to help fund yourlocalcinema.com, a unique resource which publicises and plots the progress of subtitled and audio described screenings, and to which grateful thanks are due for the charts included in this article. A mention here also for Artsline — www.artsline.org.uk — another organisation which has benefited from cinema industry funding, providing a comprehensive database of the access features of cinemas across the UK.

And while no system is perfect, the introduction of the CEA Card across the vast majority of UK cinemas has brought much needed clarity to the plethora of concessionary and discounted tickets previously on offer to help support disabled people during their trip to the cinema (for more information go to www.ceacard.co.uk).

There is, of course, no room for complacency. Perhaps stoked by the pace of recent improvements, the expectations of the public — disabled and otherwise — around levels of service provided by cinemas grow ever higher. But I remain hopeful that while a shared willingness to tackle the sometimes difficult and always sensitive issues around disability prevails, progress will continue. It is a positive story which the whole industry should be proud of and would do well to promote.

A CEA article, updated 10 April 2008 that covers the same ground but with additional points:
disability and access – Cinema Exhibitors’ Association

Text of the UK Disability Discrimination Act 1995 with revisions:
 Disability Discrimination Act 1995

Memo cinema chains: the deaf enjoy movies too

Eighty years later, Australia’s version of this obscure protest is being played out. In 1999, a complaint was made against cinemas alleging that their failure to provide captions on movies amounted to discrimination under the Disability Discrimination Act. There have been about 50 further complaints since, and all have run out of steam. No one has been willing to risk financial ruin by pursuing a complaint against cinemas via the Act to the Federal Magistrates’ Court.


From a 29 January 2010 National Times article: Closed Caption Cinema | Disability Discrimination Act 
by Michael Unlacke


In the 17 years since the enactment of the Disability Discrimination Act, the grand result of 50 complaints and fruitless negotiations with cinema chains is that 12 cinemas in the entire country show three screenings a week of captioned films. The cinemas decide what films will be captioned, and show them all at off-peak times. For example, who goes to the movies on Wednesday mornings?

Four of the cinema chains – Hoyts, Village Roadshow, Greater Union and Readings – have now applied to the Australian Human Rights Commission (AHRC) for an exemption from complaints made under the Act for a period of two-and-a-half years, after originally asking for five years. In exchange for this exemption, these chains will provide captioning and audio description for blind people for three screenings a week in 35 cinemas around the country.

It sounds like progress, but their proposal needs to be put into perspective. These chains run 125 cinemas, with 1182 screens, across the country. Every week these cinemas show an estimated 41,370 screenings. Of these, the chains are proposing that 105 will become accessible. This is less than one-third of 1 per cent of all movies screened in the country, every week, year after year. Meanwhile, Access Economics estimated that in 2005 the adult population of Australia with hearing loss, or those likely to need captions to make sense of any film, is 3.55 million, and the numbers are increasing. Assuming everyone in the country likes going to the movies, the cinema chains plan to make 0.03 per cent of cinema screenings accessible for nearly 18 per cent of the population that needs them.

Using these estimates, the cinema chains will have shown well over 5 million movie screenings until roughly September 2012. The cinema chains are asking for permission to discriminate against deaf and hearing-impaired people, and blind and vision-impaired people, for every one of these screenings. A cynic might point out that since the late 1920s cinemas have been doing that anyway.

The AHRC invited submissions to comment on the application. It received 465 submissions, of which an estimated 450 objected to the application. A common theme was the lack of choices of captioned films at suitable times in local cinema complexes, or put succintly, “why are we denied the same choices as hearing people?” These submissions told angry stories of how there is nothing for deaf people in the country, of a lack of G-rated captioned films for deaf children during school holidays, of heavily promoted new releases that may or may not be captioned much later, and of abrupt changes in advertised captioned session times. Out of these hundreds of submissions, the most poignant comment was: “Why do these cinemas HATE deaf and other people with disabilities so much?”

The cinemas’ attitude reveals a chronic lack of imagination. They are locked into a point of view that a person with a disability is a nuisance. Effectively these cinemas are saying to Australia’s millions of deaf, hearing-impaired, blind and vision-impaired people: shut your bleating and be grateful while we do what we decide is best for you.

It has dawned on no one that deaf and hearing-impaired people might represent a distinct market segment and an immense opportunity. Village cinemas for example use Gold Class seating as a marketing pitch to the affluent cinema-goer. Any Marketing 101 student will pounce on the prospects offered by a market segment of one in six of the population.

This segment is merely asking for a fair go. There is no expectation that captions must appear on every single film screening, but deaf and hearing-impaired people would like a far greater range of choices of films and session times in many more locations. There is already captioning technology that allows deaf cinemagoers to watch a film with captions that do not appear for the hearing audience. An investigation and trial of such technology would considerably widen choices.

The irony is that hearing people use captions, and not just for foreign-language films. Numerous television commentators have written about turning on English captions to fully enjoy on DVD the extraordinary American drama series The Wire.

From a 21st century perspective, the protest by deaf Americans in the late 1920s against the introduction of sound seems quaint and forlorn. But they were not protesting against the introduction of the talkies. They were saying, do not exclude us from this experience of cinema. That is what deaf people continue to ask. The cinema chains must provide accessible cinemas for the simplest of reasons: it is the right thing to do.

Our rights to cinema access

Posted by: Karen McQuigg, on 05/03/10

I knew my place in the community from a young age. I soon discovered many of its benefits. Benefits included access to the public library, swimming pool and local cinema. They provided education, health and leisure. I did not think about anyone in the community missing out. But if I did, I would have thought there must be a good reason. That’s what entitlement means. People with a disability would not have crossed my mind back then. People with a disability were still largely hidden from view in institutions. I had never even met a Deaf person.


From an article quoted in Devine, following an article in The Age Our rights to cinema access – DiVine Site


Then everything changed. A visit to the doctor in my 30s resulted in surgery that left me deaf.

Acquired disability is a challenging thing. When you grow up in the “mainstream community” it is easy to think you have liberal ideas about disability. It is easy to applaud the recent drive to make communities accessible to people with a disability. But the confronting truth is that being on the receiving end of these attitudes feels very different. The message from government is that people with a disability should have equal access to community life. But the attitude from community organisations and industry is different. Their attitude is that allowing people with disabilities to come to your event or your service is an act of generosity.

Even some people who have grown up with a disability are unsure. Many do not have equal access to education, health and leisure activities from a young age. People with a disability might be encouraged by talk of how they can participate in community life. But then they are hesitant about asking to access aspects of it, like going to the movies.

Refusing to provide access

This is the environment that the current debate over access to cinemas needs to be considered. Cinemas are currently refusing to provide a decent level of access to the movies for Deaf, hearing-impaired, blind and vision-impaired people.

A good example is audio description technology. The technology allows people with poor vision to hear descriptions of visual aspects of the movie. The descriptions are received using headsets while the movie is projected. It is commonly available overseas but rarely provided in Australia.

To vision-impaired people, the captioning provided for Deaf and hearing-impaired people must seem generous in comparison. But it is still woefully inadequate. Apart from Cinema Nova, only one movie is shown in metropolitan Melbourne with captions each week. The captioned movie is only shown three times a week at the Jam Factory. Of course, attendance is low because of the:

  • unpopular time slots (such as 10am Wednesday)
  • lack of choice
  • location
  • the cinema’s refusal to give a definite time when the movie will be shown until the day itself.

The tipping point

People with a disability have endured this low level of access for years. The tipping point only came in November last year. Four cinemas chains applied to the Australian Human Rights Commission for an exemption from the Disability Discrimination Act. They wanted a two-and-a-half year exemption in exchange for minimal access improvements.

When the commission asked for public comment, the floodgates opened. Over 400 submissions were received from people that until now have endured too much. Protests have also been held outside cinemas across Australia.

The protest is one of the first tests of our government’s commitment to inclusion. But what chance do small communities have of succeeding against a wealthy cinema industry?

Blind and Deaf people are bravely stepping forward and saying I am entitled to go to the movies because I am part of the community. But it is going to be up to the rest of the community to support inclusion. Support will require effort, imagination and money.

It is also time for government to step up to the plate. Our governments must support inclusion on everyday issues like this. Otherwise they should have the courage to tell it like it really is so we can all know where Australia really stands on human rights.

Readers comments (4)

Posted by: Heather, Melbourne 05/03/2010 at 03:08pm

Under the Disability Act 1992 isn’t it a Breach of this act NOT to supply needs for the deaf and blind ? I read I think in the Shut Out Parliamentry Report by Ms. Galbally, or the Access all Areas Report of 2009 that a Mediation Only Process through the current Human Rights people for disabled rights has been largely unsuccessful. Discrimination is still systemic and automatic still. Several people + Organisations in the Access All Areas report suggest that we need to empower the Australian Human Rights. They need to be the Judge and Jury and NOT a court in the matters of wheelchair access, deaf + vision impaired persons requirements. I suggest not many (none) disabled persons have gone on to the Federal Court to have a Judge decide whether or Not the disabled should have their rights. Or whether it is ‘unjustifiable hardship costs’ that allow building owners to get out of compliance. If you lost your case you would have to pay the other party’s legal costs – lose your house and savings just for access or hearing or vision rights !! Other western countries UK, EU, Canada are more progressive and have empowered their Human Rights to the judge + jury – even to take anonymous (to the offender) complaints. I asked Mr. Graeme Innes who is our HR Commissioner how do we progresss our HR process. He tells me the Legislation needs to be changed to give him and the HR these powers. I have asked a young politician if he can help me do this. So EVERYBODY send an email of support for me to press ahead on this vital (for us) matter.

Posted by: Gary Barling, Warrnambool 08/03/2010 at 09:37pm

From my perspective, I find it most irritating that wheelchair users are only permitted to sit in a designated area, which is often at the rear of the cinema. Really, is there no understanding of the correlation between neurological disorders and poor vision? In my town the cinema is currently not operational due to a fire last winter. Call me a cynic, but I do not envision that things will be any different in the rebuilt cinema. And once again, the “unjustifiable hardship” argument will likely be used to dismiss the idea of chair lifts etc being installed so wheelchair users can reach the cinema/s on the second level, where new movies has invariably been shown first before moving to cinemas on the ground level..

Posted by: Heather, Melbourne 09/03/2010 at 01:19pm

Gary – nothing will change until we all stand up for our rights and the Australian Human Rights people are empowered. If the HR were the judge + jury in deciding if a breach of the Act has taken place, if ‘unjustifiable’ hardship is in fact the case. Or apply a time frame of 2-5 years to fix it and enforce the requirements. When they know there is an ‘enforcer’ these places will then be put on notice and certainly ‘assisted’ in their choice of premises in the first place. Its crazy to have these Acts with nobody enabled to enforce them. I feel sure that our HR people are all very capable and would carry out this enforcement task with gusto – if only the governments will empower them to do so. I think in the case of a new building (or a re-build) the council have to (by law)ensure they comply with access standards set in 1992. It is the old buildings (retro-fit) that do not have to comply and currently are not enforced to comply.

Posted by: Kermit, 04/05/2010 at 10:02am

Very pleased to see the exemption denied. Will be interesting now to see if the Human Rights and Equal Opportunity Commission is now flooded with complaints from people with a disability that they are being discriminated against by the cinema operators. What happens then?

Australian HRC: Cinema captioning and audio description: Refusal of temporary exemption

Summary

The Applicants request that the Commission grant them an exemption in relation to the provision of open captions of films for people who are Deaf or have a hearing impairment and audio description of films for people who are blind or have a vision impairment.


 

Derived from: – Human Rights and Equal Opportunity Commission

 

AUSTRALIAN HUMAN RIGHTS COMMISSION

DISABILITY DISCRIMINATION ACT 1992 (CTH), section 55(1)

NOTICE OF REFUSAL OF A TEMPORARY EXEMPTION

 

 


The Applicants seek an exemption for a period of two and a half years. The Applicants propose that as a condition of granting the exemption, the Applicants will progressively make a further 23 cinemas accessible. The Applicants also undertake to review the current program with key stakeholders nine months before the end of the exemption period and ensure that information on the screening times of captioned and audio described films is accessible.

 

The Applicants request an exemption in relation to the provision of captioning and audio description so that they can undertake a coordinated rollout of captioning and audio description technology rather than provide the technology in an ad hoc manner in response to individual complaints.

The Commission has refused to grant the exemption for the following reasons:

  • The reasons advanced by the Applicant in support of the exemption are insufficient to justify the granting of the exemption.
  • The progress in captioning and audio description proposed by the Applicants is insufficient both in the number of cinemas that will be enabled to screen captioned and audio described films and the number of times per week that this service will be available. This is particularly so given the financial resources apparently available to the Applicants.
  • Any benefit that would result from the granting of the exemption is outweighed by the detriment that would be experienced by cinema patrons who have a vision or hearing impairment whose ability to complain about cinema captioning and audio description would be affected by the exemption.

BACKGROUND

The Applicants advise that collectively they operate 125 cinema complexes around Australia.

Nature of Application

The Applicants request a temporary exemption in relation to the provision of captioning and audio description for a period of two and a half years. The Application is sought in relation to cinemas owned or operated by the Applicants and affiliate companies as well as those partially owned by the Applicants.

The Applicants state that during the period of the exemption they would:

  • increase the number of screens capable of delivering captions in cinemas operated by the Applicants to 35 over the next 2 and a half years;
  • provide audio description capability in all those 35 cinemas (this would include a retro-fit of the 12 cinemas at which captioning is currently available);
  • commit to a review of the current program in consultation with representatives from key stakeholders starting 9 months before the end of the temporary exemption period; and
  • ensure that information on the screening times of captioned and audio described films is accessible.

Applicants’ reasons for requesting an exemption

The Applicants submit that a temporary exemption would allow them to take a planned, considered and co-ordinated approach to the rollout across Australia of the technology necessary to screen films with captioning and audio description.

The Applicants state that responding to complaints about failure to provide captioning and audio description diverts resources that could otherwise be applied to provide captions and audio description.

The Applicants also say that providing captions and audio description in order to resolve individual disability discrimination complaints leads to ad hoc provision of these services, usually in the complainants’ local cinema, rather than an even distribution of screens capable of providing captions and audio description throughout Australia.

Submissions received by Commission

The Applicants’ request for a temporary exemption was posted on the Commission’s web site and interested parties were invited to comment on the exemption.

The Commission received 466 submissions in response to the Applicant’s request.

11 submissions support the proposed temporary exemption and of these many noted that while the Applicants have been slow in increasing the number of cinemas that can screen captioned and audio described films the granting of an exemption would at least ensure that some progress would be made.

Of the submissions that express support for the exemption, several submissions argue that different conditions to those proposed by the Applicants should be attached to the exemption.

Some submissions focussed on the issue of audio description for people with a vision impairment and proposed different conditions including: that retro-fitting to provide audio description in cinemas that already have the technology should occur immediately rather than be rolled out over the period of the exemption, that audio description should be available wherever possible rather than at the three sessions per week that are captioned, that all new cinemas and those that are refurbished should be equipped to provide audio description and specifically that the Applicants’ websites which advise vision impaired cinema goers of screening times should be accessible in accordance with the World Wide Web Consortium Standards.

455 of the 466 submissions received by the Commission recommended that the Commission reject the application.

Most of the submissions come from Deaf people and people with a hearing impairment and their friends and family who highlight the importance of cinema captioning in enabling them to enjoy a popular form of entertainment with both Deaf and hearing friends. Many submissions emphasize that Deaf people and people with a hearing impairment need captions to access the service provided by the Applicants and failing to provide an accessible service amounted to disability discrimination.

Several submissions argue that rights under the DDA should not be ‘traded’ for the provision of captions and audio description. For example, one submission states that ‘whilst it is commendable that the applicants are apparently seeking to increase access, this should be something to which they aspire to as a matter of good corporate responsibility. It should not be something done in exchange for immunity from a complaint’.

A very large number of submissions contend that the Commission should not grant the exemption because it would effectively mean that people with a vision or hearing impairment would lose their right to lodge complaints of disability discrimination about cinema captioning and audio description for the period of the exemption.

Several submissions suggest that the Commission should not grant the exemption because the captioning service currently provided by the Applicants is inadequate. The Applicants screen one captioned film at a time, three times per week. Some of the submissions note that this schedule provides Deaf and hearing impaired cinema patrons with little choice in the films available to them. Other submissions note that the schedule for screening captioned films sometimes changes without prior notice being provided to patrons.

Several submissions also note that the issue of the provision of captioning for Deaf people and people with a hearing impairment has been ongoing since captioning technology was developed over 20 years ago. These submissions argue that the Applicants have had a long time to make an adequate proportion of their service accessible and they have not done so.

Many submissions argue that the rate of captioning proposed by the applicants is far too low and note the statistic that if three captioned films were shown at 35 cinemas around Australia, only 0.3% of the 40,000 films screened by the Applicants per week would be captioned. Some submissions from individuals from regional and remote areas note that the rollout proposed by the Applicants would not result in an accessible cinema near them.

One submission argues that the Commission should not grant the exemption because, amongst other reasons, the cost of captioning is relatively low, approximately $15,000.00 – $20,000.00 per screen. Another submission notes that reports have suggested that the Applicants are making a considerable investment in technology to allow the screening of 3D films. The submission argues that if the Applicants have funds for investing in digital and 3D technology, they have funds for making a greater investment in captioning and audio description.

A number of audiologists made submissions opposing the granting of the exemption. They note that watching captioned films is an important social activity for many of their clients. Several submissions also note that captions play an important role assisting some Deaf people, and particularly Deaf children, to develop their understanding of written English. Several of the submissions from audiologists note the prevalence of hearing loss in the Australian community and say that Australian society is ageing and that hearing loss is likely to become more common.

Several submissions contend that granting the exemption would be contrary to the Convention on the Rights of Persons with Disabilities (CRPD) to which Australia is a signatory. These submissions note that article 30 (1)(b) of CRPD provides that States parties shall take all appropriate measures to ensure that persons with disabilities enjoy access to films in accessible formats.

Some submissions note that Australia lags behind the rest of the world in the provision of captioning and audio description. Several submissions note that rates of captioning in the United Kingdom and the United States of America far exceed the rate at which captioning is available in Australia.

Applicant’s response to the submissions received by the Commission

In December 2009 the Commission wrote to the Applicantssummarising the submissions and inviting the Applicants to respond to the issues raised. The Applicants responded to the submissions received by the Commission in March 2010.

The Applicants state that some of the submissions appeared based on a misapprehension that the Applicants would remove the capacity to screen captioned films from the cinemas that are currently enabled to screen captioned films. The Applicants clarified that this was not what they proposed.

The Applicants note that the upgrade proposed in their application will cost more than $500,000.00. The Applicants state that this is about 5 times what they have spent on cinema captioning to date. The Applicants say that their proposal represents a substantial commitment to making cinema accessible.

The Applicants state that the advent of home theatre and legal and illegal downloading of films has placed them under pressure to maintain market share. They state that cinemas need to remain profitable to remain in business. They note that cinema sessions at which captioned films are shown are typically poorly attended and thus are not profitable to screen.

The Applicants note that introducing the technology to screen captioned and audio described films is one aspect of what is required to screen an accessible film. The other aspect is that distributors must provide the Applicants with films that have audio description and captions. The Applicants say that of the 346 films released in Australia last year, only 95 had captioning and only 59 had both captioning and audio description. The Applicants note the criticism that they screen few captioned or audio described ‘G’ rated films. The Applicants say that of the 95 captioned films released last year, 15 were suitable for families and 11 of those films were both captioned and audio described.

The Applicants advise that digital technology is coming to the cinema industry. They note that the technology required to screen captions on a digital film is not the same as the technology presently required to display captions on non-digital films. The Applicants say that their proposal would provide deaf and hearing impaired patrons with increased access to captioned films whilst allowing the Applicants to wait and see what changes digital technology may bring.

The Applicants note that the Commission has granted exemptions in relation to captioning in the past and refer to the exemptions granted to the free-to-air and subscription television providers.

In response to the claim that the Applicants are not providing captions and audio description at the same rate as cinema operators in other countries, the Applicants say that they are in a different position to operators in other countries. The Applicants say that cinemas in the United Kingdom receive a substantial amount of Government funding for the purchase of captioning and audio description technologies. The Applicants note that whilst the Australian Government provided some funding to independent cinemas in rural and regional areas, they have received no Government funding.

REASONS FOR DECISION

The Commission has considered all of the material that has been placed before it.

The Commission has decided to reject the application. The reasons for the Commission’s decision are as follows.

Insufficient reasons to support exemption

The Applicants have requested that the Commission grant the exemption in relation to cinema captioning and audio description so they can plan a coordinated rollout of captions across Australia rather than do so in response to individual complaints.

The Commission is not satisfied that responding to individual complaints of disability discrimination is such a burden on the Applicants that it should be considered to be a significant factor preventing the Applicants from proceeding with a coordinated rollout. The Applicants have not attempted to quantify the cost or time involved in responding to individual complaints.

Further, the Commission notes that if the Applicants implement a rollout across Australia of the technology to provide captioning and audio description that would be a significant factor in determining the issue of reasonableness and unjustifiable hardship in any discrimination claim. The Commission is therefore not satisfied that an exemption is required to achieve coordinated improvements in cinema access for hearing and vision impaired people.

Insufficient progress proposed

The Commission considers that the progress proposed by the Applicants as a condition to the exemption is insufficient to justify granting the exemption.

The Applicants propose that the Commission grant an exemption on condition that the Applicants would progressively rollout the technology necessary to screen captions and audio description. Under the Applicant’s proposal, at the conclusion of the exemption period a further 23 of the Applicants’ screens would be able to provide captions and audio description, taking the total number of the Applicants’ screens capable of displaying captions and audio description to 35 across Australia.

The Applicants operate 125 cinema complexes and 1182 cinemas screens across Australia. Under their proposal, the Applicants would make less than 30% of their cinema complexes and less than 3% of their screens accessible. Further, the Applicants propose to continue to screen one captioned film three times per week. Many submissions cited the statistic that providing captions at this rate means that 0.3% of the 40,000 films screened by the Applicants per week will be captioned. When viewed as a percentage of the service that Applicants provide, the number of locations and sessions at which the Applicants propose to provide captioning is unreasonably low.

The Applicants also propose that audio description would only be available at the three cinema sessions per week that are captioned. The Commission is of the view that this low rate of provision of audio description is inadequate. As audio description is a personal service delivered through headphones to the listener, it will not be heard by other cinema patrons. Once the technology is purchased for the screening of captioning and audio description, there is no reason why a cinema patron with a vision impairment should not be able to access any session of a film with audio description.

Currently 12 of the Applicants’ screens can provide captions and none can provide audio description. The Applicants propose to make a further 23 cinemas accessible over two and a half years. The Commission recognises that the proposal would nearly triple the number of cinemas which are currently accessible. The Commission also accepts that as the first accessible cinema was provided in 2001, the Applicants’ proposal would mean that more cinemas would be made accessible in the next two and a half years than has occurred in the previous nine years. However, the evidence before the Commission indicates that much greater progress can be made than is proposed.

In the Commission’s view, the limited rollout proposed by the Applicants is not justified when the cost of providing captions and audio descriptions is compared to the funds apparently available to the Applicants. The Applicants state the cost of installing the relevant technology in a further 23 cinemas to be $500,000. Spread across four large corporate entities this is not a significant sum of money. Publicly available information about the Applicants records a collective profit in the last financial year of hundreds of millions of dollars. Accordingly, it appears that the Applicants are able to undertake a more extensive rollout of captioning and audio description than they have proposed.

The Applicants suggest that their business is under threat from home cinema technology and film piracy. Whilst the Applicants’ business may be at some risk of reduced profits, the Applicants have provided no information to suggest that this threat is such that they are unable to afford the provision of captions and audio description at a rate higher than that proposed in their application.

The Applicants also suggest that the change to digital technology is imminent and this will alter the way that captioned and audio described films are screened. The Applicants have provided insufficient evidence to suggest that this change will occur so quickly that any funds spent on the existing technology for providing captioning would be wasted. If the technology for providing captioning does change within a short timeframe, the Commission is not satisfied that the Applicants will be unable to afford the purchase of the relevant new technology.

Detriment outweighs benefit

The DDA provides that services should be accessible to people with a disability. The CRPD provides that States parties should recognize the right of persons with disabilities to take part on an equal basis in cultural life, including in access to films. To grant an exemption that would limit the protection of these rights, the Commission takes the view that it should be satisfied that significant benefit will result.

Under the Applicants’ proposal, cinemas in some areas will not be made accessible for some time and cinemas in other areas will not be made accessible at all. However, if granted the exemption would affect the ability of all individuals to make complaints of disability discrimination against the Applicants about failure to provide captions and audio description. Thus significant numbers of people with a vision or hearing impairment will not have an accessible cinema in their neighbourhood and will not be able to complain about it.

The Commission considers that on balance any benefit in granting the exemption is outweighed by the detrimental effect on the right of people with a vision or hearing impairment to lodge complaints of disability discrimination in relation to cinema captioning.

Different to other captioning exemptions

The Applicants note that the Commission granted an exemption to the free to air and to subscription television providers in relation to the provision of captioning. However, the exemptions granted to the television providers involved conditions that they provide captions at a far higher level that that proposed by the Applicants. The exemption granted to the free to air television providers, for example, currently requires them to caption 80% of programs screened between 6 am and midnight by the end of 2010. The Applicants propose to provide access to less than 30% of their cinemas and less than 3% of their screens.

The Commission also notes that the exemption granted to the television providers had the same impact on all hearing impaired television viewers. All viewers had access to the same amount of captioned programs. In comparison, the limited rollout proposed by the Applicants means that in some areas of Australia, individuals will not gain access to captions and audio description and will have a limited ability to lodge a complaint about this. The Commission is of the view that there are substantial differences in the exemption proposed by the Applicants and that granted to the free-to-air television providers.

The Commission is conscious of the fact that Government is currently undertaking a review of media access in general, including cinema access, and encourages the Applicants to further consider how progress might be achieved in consultation with Government and organisations representing those seeking better access.

APPLICATION FOR REVIEW

Subject to the Administrative Appeals Tribunal Act 1975 (Cth), any person whose interests are affected by this decision many apply to the Administrative Appeals Tribunal for a review of the decision.

Dated this 29th day of April 2010.

 

Signed by the President, Catherine Branson QC

Request for Comments: DoJ: Movie Captioning, Video Description

Just above the questions that the Department of Justice requests answers to, is the paragraph:

Finally, the Department is considering proposing that 50% of movie screens would offer captioning and video description 5 years after the effective date of the regulation. The Department originally requested guidance on any such figure in its 2008 NPRM. Individuals with disabilities, advocacy groups who represented individuals with disabilities, and eleven State Attorneys General advocated that the Department should require captioning and video description 100% of the time. Representatives from the movie industry did not want any regulation regarding captioning or video description. A representative of a non-profit organization recommended that the Department adopt a requirement that 50% of movies being exhibited be available with captioning and video description. The Department seeks further comment on this issue and is asking several questions regarding how such a requirement should be framed.

Finally, to temper the conversation, we submit the comment that Suzanne Robitaille of ablebodied.com made in her article on finding a captioned version of Avatar: “Ironic, as Avatar is about a man with a disability.”

An RTF document of the questions are also attached. This author makes no claims on whether the two attachments have mistakes, but nothing was purposefully screwed with.

Related Items:
New Accessibility Law Passes | TV, Internet and ???
Presentation: Hearing and Vision Impaired Audiences and DCinema
Implementing Closed Caption and HI / VI in the evolving DCinema World

New Accessibility Law Passes | TV, Internet and ???

“This legislation is a victory for civil rights in our increasingly digital world,” explains Andrew Imparato, AAPD’s President and CEO. “The bill makes clear that it is not okay for people with sensory disabilities to be second class citizens in 21st century America.” AAPD is the country’s largest cross-disability membership association and organizes the disability community to be a powerful voice of change—politically, economically, and socially.

The legislation requires captioned television programs to be captioned also when delivered over the Internet and requires video description on television for people with vision loss. The bill also allocates $10 million per year for communications equipment used by people who are deaf-blind, ensures emergency information is accessible to individuals who are blind or have low vision, requires accessible user interfaces on mobile browsers that connect to the Internet, and requires hearing aid compatibility of ‘smart phones,’ among several other provisions.

The passage of the “21st Century Communications” legislation is a result of five years of cooperative work by AAPD, other non-profit groups, industry, and government. Led in part by AAPD, the Coalition of Organizations for Accessible Technology (COAT) spearheaded the advocacy surrounding this effort. COAT is an organization with more than 310 member affiliates that promotes full access by people with disabilities to evolving high speed broadband, wireless and other Internet Protocol (IP) technologies. COAT’s other co-founding organizations include the National Association of the Deaf, American Council of the Blind, American Foundation for the Blind, and Communication Services for the Deaf.

“This is a major milestone in accessibility history,” said Jenifer Simpson, AAPD’s Senior Director for Government Affairs and a COAT Co-Founder and Co-Chair. “The new law will ensure more people with disabilities will not be left behind in our digital communications world.”

For more information about AAPD, visit www.AAPD.com. For more information about COAT, visit www.coataccess.org

 

# # #

 

The American Association of People with Disabilities (AAPD), the country’s largest cross-disability membership organization, organizes the disability community to be a powerful voice for change – politically, economically, and socially. AAPD was founded in 1995 to help unite the diverse community of people with disabilities, including their family, friends and supporters, and to be a national voice for change in implementing the goals of the Americans with Disabilities Act (ADA). To learn more, visit the AAPD Web site: www.aapd.com

21st Century Communications/Video Accessibility Act

H.R. 3101 requires, with few exceptions, any T.V., cable or satellite program that airs with closed-captions to be also captioned on the Web. It encompasses websites like Hulu.com (owned by NBC) and ABC.com. Captions must be displayed on all devices that show television programs, regardless of size, which includes smart phones like the iPhone.

Unfortunately, H.R. 3101, which is also known as also known as the 21st Century Telecommunications and Video Accessibility Act, has been watered down from its original version. No longer will web-exclusive programming be required to have captions. Exempt from the bill are new networks like TheWB.com and Crackle.com, which create entertainment for mobile devices and smart phones.

Movie lovers are out of luck, too. H.R. 3101 does not cover services like Netflix that offer on-demand streaming movies and T.V. programs, such as Lost and The Sopranos, over the Internet. “Netflix is out of jurisdiction [for this bill],” says Rosaline Crawford, a director at the National Association for the Deaf. NAD, an advocacy group, is part of the Coalition of Organizations for Accessible Technology, which is pushing for H.R. 3101 and other captioning initiatives.

“…this form of discrimination is not acceptable…”


From a 17 July 2010 Your Local Cinema AU article: Cinema to become more accessible – Following this article is the government announcement, including the $500,000AU investment into the cinemas.


Hoyts, Village, Greater Union Birch Carroll & Coyle and Reading have agreed to expand captioning and audio description services to a minimum of 132 locations over four years, making Australia the world leaders in cinema accessibility.

“This initiative by the cinemas provides full access anytime for consumers coupled with a commercial return for the cinema operator. This is a great example of access working in the mainstream, creating a win-win situation for everybody,” said Media Access Australia CEO Alex Varley.

Audio description, which provides a narration of important visual elements for people who are blind or vision impaired, will be delivered to patrons via personal headsets.

Captioning for Deaf or hearing impaired people will be delivered via personal Captiview viewing devices so that patrons can now go to any session of the accessible film on the accessible screen rather than only a specific open-captioned session.

Media Access Australia has been involved in the development of accessible cinema in Australia since its inception in 2001.  As one of the key players in helping reach this decision, with strong ties to international service providers, MAA has contributed advice on technologies and developments to stakeholders through all stages of the program’s growth.

MAA also played a key role in the Australian government’s Department of Health and Ageing program that saw 12 independent locations begin providing captions and audio description in 2009. As part of this program MAA created this website to ensure that patrons have the right information about accessible cinema and up-to-date news.

For a more detailed examination, read the press release from Bill Shorten’s office.

For a quick explanation, see below.

On top of the number of locations, a minimum of 242 screens will be made accessible across these locations, based on the overall size of the complex:

  • one screen for every complex with 6 or less screens
  • two screens for every complex with 7 to 12 screens
  • three screens for every complex with 13 or more screens

The timetable for achieving this goal is:

  • By the end of 2010 access would be provided in 24 screens (10% of proposed total)
  • By the end of 2011 access would be provided in 73 screens (30% of proposed total)
  • By the end of 2012 access would be provided in 145 screens (60% of proposed total)
  • By the end of 2013 access would be provided in 194 screens (80% of proposed total)
  • By the end of 2014 access would be provided in 242 screens (100% of proposed total)

Australia’s four major cinema groups and the Australian Government have agreed to jointly fast track new technology, as part of a bold new plan to improve cinema access for people who are deaf, blind, visually or hearing impaired.
Jul-17-2010

JENNY MACKLIN MP

Minister for Families, Housing, Community Services, and Indigenous Affairs
BILL SHORTEN MP
Parliamentary Secretary for Disabilities and Children’s Services  Parliamentary Secretary for Victorian Bushfire Reconstruction
17 July 2010
Better cinema access for hearing and vision-impaired
Australia’s four major cinema groups and the Australian Government have agreed to jointly fast track new audio description and captioning technology, as part of a bold new plan to improve cinema access for people who are deaf, blind, visually or hearing impaired.
The plan will provide cutting edge technology to allow people with impaired hearing or vision to enjoy movies in more cinemas across Australia, with 242 accessible screens to be available by 2014.
The Australian Government has committed $470,000 to the project, with the rest of the cost to be paid by the cinemas.
Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, and Parliamentary Secretary for Disabilities, Bill Shorten, today announced the new Cinema Access Implementation Plan, an agreement between representatives of Village Roadshow, Greater Union, Hoyts and Reading Cinemas and disability sector representatives.
Ms Macklin said the current situation of cinema access was unacceptable and the plan offered a genuine opportunity for change.
“Cinemas have a responsibility to cater for the entire community and at the moment the situation is clearly not up to scratch,” Ms Macklin said.
“Less than 0.3 per cent of all cinema sessions in Australia are accessible, meaning that an accessible cinema is showing as few as three sessions a week.”
Under the agreement, captions and audio description will be available in 242 screens by 2014 – at least one in every cinema complex owned by the four cinema chains.
In addition all new cinemas constructed by the group will contain accessible technology.
Mr Shorten said that people with a hearing or vision impairment had a right to enjoy a trip to the movies.
“At the moment people with impaired hearing are being forced to travel across town to catch a Wednesday matinee, because there are so few cinemas offering captions,” he said.
“I am excited that major cinemas have recognised that this form of discrimination is not acceptable, and that they will improve their business by attracting a new group of customers.”
“Current rates of vision and hearing impairment in the general population will significantly increase with the ageing of the population, and it is not acceptable to ignore them any longer.”
Cinemas today unveiled the CaptiView technology, which will be rolled out in selected cinemas in Australia this year. This technology allows hearing-impaired patrons to use a screen that folds out from an armrest and delivers a captioned version of the film.
The four major cinema chains have also agreed:
·         That where there is existing accessible cinema technology in place, local managers will be sensitive to their local audiences, and draw upon their patrons to help them to innovate and implement new accessible technology.
·         To gain ongoing consumer input when implementing emerging platforms such as ‘Captiview’.
·         To adjust implementation of new technology options according to future innovation and consumer preferences.
·         That operators will work with the Australian Human Rights Commission and the disability peaks to develop or update disability action plans to help with operation and delivery of cinema access services for people with disability.
Cinema groups will also actively engage with distributors to ensure a reliable delivery of film content that includes audio description and captioning.
In addition to the grant funding, the Government has committed $30,000 to subsidise the costs of a new Accessible Cinema Advisory Group (ACAG), with members from the cinema industry and the disability sector.
The funding will allow the ACAG to continue to advise and assist the cinema industry to improve cinema accessibility in Australia and monitor the implementation of the Cinema Access Implementation Plan.
Current cinema access worldwide, from Media Access Australia:

 

Location
Population
Number of accessible cinema complexes
People per accessible cinema
UK
61,399,000
307
199,997
USA
309,147,000
630
490,710
Australia
22,325,000
24 (only 12 have audio description)
930,208

 

Post implementation:

 

Location
Population
Number of accessible cinema complexes
People per accessible cinema
Australia
22,325,000
144
155,035

 

Other Industries and Accessibility

We now have automatic doors that stay open long enough for a wheelchair to roll through and do a turn-around. Our reception desks are low enough for someone who is of small stature or in a wheelchair to comfortably make eye contact with the receptionist.

 

 


 

What a great goal, to be on the Top 10 Companies for People With Disabilities list. 

Read the entire AbledBody.com article at:
A Disability Evangelist For The Workplace 


Some points from the 2009 Top 10 Companies for People With Disabilities article:

  • The Top 10 Companies for People With Disabilities have at least two percentage points’ higher average retention rates across all races/ethnicities/gender than the Top 50.
  • All these Top 10 have active programs to recruit for people with disabilities, compared with 78 percent of the Top 50 and 48 percent of the bottom quarter of entrants. There were 256 participants in this year’s ranking.
  • All these Top 10 also have active programs to recruit for GLBT employees, compared with 60 percent of the Top 50 and 21 percent of the bottom quarter of entrants.
  • All these Top 10 have employee-resource groups, compared with 94 percent of the Top 50 and 80 percent of the bottom quarter of respondents.  At all these companies, the company funds the groups and allows them to meet during the workday, a senior executive is a member of each group, and the groups are used to augment recruiting and marketing efforts to diverse communities. This is a significantly higher percentage for each of those questions than the Top 50 and the bottom quarter of respondents.
  • Diversity training is mandatory for the entire work force at each of this Top 10, compared with 60 percent of the Top 50 and 41.7 percent of the bottom quarter of respondents.
  • CEO commitment to diversity is clear at these companies. In all, heads of diversity are direct reports or one direct report removed from CEO, compared with 92 percent of Top 50 and 80 percent of bottom quarter of respondents.
  • The corporate-vision statement incorporates diversity at all these Top 10 compared with 90 percent of the Top 50 and 81.6 percent of the bottom quarter of respondents.
  •  

    9th Circuit Court Returns Harkins

    Prediction: It sure seems like some of the new digital-cinema-ready assisted listening and descriptive narration equipment manufacturers are going to get some orders.

    The attached document is technically

    UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    No. 08-16075 D.C. No. 2:07-cv-00703-ROS OPINION

    Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

    Argued and Submitted January 13, 2010—San Francisco, California

    Filed April 30, 2010

    ARIZONA v. HARKINS AMUSEMENT

    Universal Offers Open and Closed Captions to Wolfman

    Unlike some film-based systems, the closed caption DCP does not provide DTS time code. To take advantage of these new capabilities, the cinemas must have ordered “an open caption DCP and/or the closed caption DCP from Universal, when ordering their digital movie.

    The Wolfman opened Friday, 12 Feb 2010.

    Studios have indicated that they are interested in getting to the point of one digital master. The technology and the standards are maturing now to make that a possibility. Universal is certainly not the first distributor to make such prints available. But they have indicationed that they indend to provide such captions for all feature releases in the future.

    The next step is adding descriptive narrative, which studios have said will be coming as the equipment becomes available.

    How to Find a Captioned Movie

    It’s almost fanciful, like trying to catch Santa in your chimney on Christmas Eve. Movie chains say they don’t want to disrupt their hearing audience, so they tend to run captions on just one or two new films — of their choice — each week, often at odd hours.

    For example, where I live in Connecticut, the closet theater with captions is playing Invictus this week. That’s it. If I wanted to see Ninja Assassin with captions I’d have to drive to Westbury, N.Y., and it’s only playing once a day, at 4:10 p.m.

    People who are deaf and hearing impaired would also benefit from a complete, searchable list of what’s playing around town. Forget the movie chains’ rambling hotlines or their websites, unless you want to spend hours hunting for films on their “accessibility” pages and finding very little.

    A great new website, Captionfish.com, does the work for you. Captionfish is a captioned movies search engine that finds Open Captioned and Rear Window captioned movies showing in theaters across the U.S. It was founded in 2009 by three deaf professionals, who are based in Seattle.

    Please read the rest of this article at:
    How to Find a Holiday Captioned Movie December 18, 2009, 3:13 pm
    By Suzanne Robitaille

    From: abledbody.com; where can-do is done different.