Focus on Movie Access

Submitted by admin [1] on Wed, 03/01/2000 - 04:00

The NAD has been wrestling with the issue of access to first-run movies in local theaters. Many of you have expressed a desire for open captioned access, like what is already happening with captioned films shown in museums across the country. The NAD believes that deaf and hard of hearing people have the same right to go to the movies in their neighborhood as anyone else.

Based on your input, the NAD has been working toward this goal of open captioned access to first-run movies for several years -- with other national organizations such as the Alexander Graham Bell Association for the Deaf (AGBell), Association of Late-Deafened Adults (ALDA), American Society for Deaf Children (ASDC), Deaf Seniors of America (DSA), Self Help for Hard of Hearing People (SHHH) and Telecommunications for the Deaf, Inc. (TDI) -- as a member of the Coalition for Movie Captioning (CMC). Toby Silver represents the NAD and serves as chair of the CMC.

We're now seeing more and more showings of open captioned movies across the country. Is this enough? Not at all! We want to see both studios and theaters work in partnership to expand access to each and every local community.

Last month, 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. In the original filing, these theaters were asked to provide access through a seat-based system called Rear Window Captioning (RWC), which is different than the on-screen method of open captioning. A modified, second filing now calls for the "Rear Window closed captioning system, or other auxiliary aid" in these theaters.

This lawsuit is targeted to theater owners. There is another important and missing link -- the studios that produce and distribute movies. While doing research, the NAD is finding out that there is quite a lot more to the movie industry than most people realize.

First-Run Movie Showings Based on Bidding System

Studios normally distribute ("direct studio" method) their films directly to theaters, which then show these on specific movie screens. We are talking about regular films that are not captioned. Distribution happens through a complex geographical zone bidding and contracting system.

Negotiations between studios and theaters are based on a combination of factors. These factors include up front monies, seating capacities for each movie screen, past history/success rate, projected revenues from box office sales, and a guaranteed percentage of such revenues. A local theater with five movie screens may have to do contracts with five different studios (one film for each movie screen).

Basically, studios control the decision about which theaters show their first-run movies. What is the bottom line, then? Studios and theaters need to generate revenues to cover their production and operating costs, respectively.

Studios and theaters basically say that the revenues "bottom line" is preventing them from providing captioned access to first-run movies. The NAD believes they are dragging their feet. Because they haven't fully gotten their act together to accomplish captioning access, we're seeing the first of what could be many lawsuits.

Direct Studio vs. Third-Party Distribution of Open Captioned Movies

Distribution of a limited number of open captioned prints is currently done through Tripod, a third party that deals both with studios and theaters. Bookings using the Rear Window system also involve a third party that deals with the studios and the theaters.

The NAD and other organizations believe strongly that studios need to use the direct studio method in working with theaters to provide captioned first-run movies.

Will RWC Satisfy Open-Captioning Supporters?

Some people argue that RWC will promote inclusion of deaf and hard of hearing people in the mainstream ¤ that is, we would be able to go to the movies with our families and friends. Others use the same argument in favor of open captioned access.

RWC technology is by no means perfect. There are still only a few RWC-equipped theaters today, in contrast to the number of open captioned showings taking place across the country.

Also, an increase in RWC installations in movie theaters nationwide may not fully satisfy those who have already expressed a strong desire for open captioned access.

Benefits of Open Captioned Access

Virtually all the feedback we have received about open captioned movie showings has been positive. Studios and theaters alike are now learning that captioning benefits many other people¤including baby boomers and seniors who are losing their hearing, English speaking individuals seeking to improve their reading literacy, and those who speak other languages and are in the process of learning English. This translates to at least 100 million people in America who would benefit from captioned access to first-run movies.

Museums nationwide have a head start on provision of captioning access. Many are now showing their films in either open- or closed caption format, sometimes through an on-and-off switch.

Opera houses provide access through "surtitles" -- which are English captions shown in a black box above the performance stage.

In Europe, where multilingualism is the standard, there is an abundance of captioned films as well as broadcast shows that are shown in open captioned format.

Studios and movie theaters could do well to learn from such examples.

Digital Technologies in the Future

Digital video technology, which is coming to filmaking, will permit satellite, cable and broadband distribution of movies to theaters worldwide. Digital movies likely will have specific tracks for audio or text in various languages, so we can very well expect a track that is specifically set for open captioning through the flick of a switch.

Even though such digital systems won't be fully in place for a good number of years (current estimates are in the ten-year range), it is important that we continue to show our strong support for open captioning so that this will be included in the planning for new digital technologies.

The NAD intends to work through CMC to ensure captioning access to such future technologies.

This is just the tip of an iceberg -- we've listed just a few of the many things you need to know. Whatever happens as a result of the Oregon case and related lawsuits that are sure to emerge, studios and theater owners must take a more active role in provision of access to deaf and hard of hearing people who want to be able to go to their local movie theaters.

What we at the NAD would like to see down the road are technologies that would be far less awkward and distracting. Those of us who advocate for open captioning access want to be able to sit down and enjoy the movies just like anyone else, especially to be able to sign to our friends while enjoying a huge bucket of popcorn and a tall container of soda pop. Being able to enjoy the open space -- without restrictive equipment -- is incredibly important to many of us.

We'd like to hear more about research into other ways of providing captioned access to movies. Surely with all the technological innovations we are currently witnessing, there ought to be a way for us to go to the movies just like anyone else.

Earlier Broadcaster issues shared information on the history of movie access and captioning technologies (September, October, and December 1999).

The NAD is also studying various strategies for achieving the goal of full access to movie theaters nationwide and intends to continue working with CMC in toward this goal.