What if the iconic end to the film “Fight Club” featured the lyrics to The Pixies’ “Where is my Mind?” scrolling across the bottom of the screen? What if the words to Redbone’s “Come and Get Your Love” distracted from Chris Pratt’s beloved dance scene at the start of “Guardians of the Galaxy?”
While such subtitling may alter the viewing experience for some movies, one lawsuit claims that in the future, song lyrics should be captioned or at the very least, films should include a warning to deaf consumers explaining the lack of captioning. Numerous advocates for improved accessibility for the deaf and hard-of-hearing agree.
Will future DVD, theater and streaming releases include song lyric subtitles?
The law requires that individuals with hearing disabilities are given equal access to entertainment, and the litigation contends that movies that don’t include captioning for song lyrics violate this regulation. The lawsuit claims that movie studios’ failure to provide subtitles for song lyrics takes away from deaf and hard-of-hearing viewers’ experiences. Could this lawsuit change the way that studios approach captioning in the future? Not if the studios’ arguments against such requirements succeed.
Studios’ arguments against song lyric subtitles
The defendants outlined three reasons why the lawsuit filed by members of the Alexander Graham Bell Association for the Deaf and Hard of Hearing should fail. Sony, Warner Bros., Universal, Disney, Paramount and Buena Vista Home Entertainment filed dismissal motions explaining their arguments.
For example, they state that although studios are required to offer captioning, no reasonable consumer would understand that to apply to song lyrics in addition to conversation. While the lawsuit alleges false advertising, the studios argue that the reasonable viewer’s understanding of captioning requirements absolves them of misrepresentation. This argument addresses the allegations that the studios are guilty of false advertising, but does not speak to claims that the lack of lyric captioning is a breach of civil rights legislation.
The Telecommunications Act of 1996 & the 21st Century Communications and Video Accessibility Act of 2010
The Telecommunications Act of 1996 and the 21st Century Communications and Video Accessibility Act of 2010 each offer studios guidelines concerning captioning requirements. The former legislation mandated that “manufacturers of telecommunications equipment and providers of telecommunications services” provide equal access to people with disabilities. The latter, meanwhile, explains closed captioning requirements for video that is distributed via the Internet and programming devices. The Federal Communications Commissions’ outline of the regulation repeatedly mentions television, but does not address movies.
This is what the studios’ argument points to – that their film productions are not regulated in the same way as television is. The defendants’ dismissal motions note that closed captioning rules apply to broadcast television, but not to DVDs, streaming or theaters. The defendants claim that they are allowed to caption music included in movies as they see fit, and are not required to include subtitles for the lyrics of every song used in films.
In their dismissal motions, the studios also reference a 2006 settlement on DVD closed captioning that seems to acknowledge that all song lyrics do not require closed captioning. This prior ruling, combined with their arguments against false advertising and civil rights violations are what the studios are banking on to push dismissal of the lawsuit against them.
Music is important to movies, and the lyrics sometimes are part of the reason why. Other times they are just a component of the song. Either way, it seems some civil rights groups feel that lyrics should always be subtitled in future film releases. Whether the court decides the studios’ have a legitimate argument against such a notion remains to be seen.
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future
For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
What Every Real Estate Investor Should Know Before Buying a Rental Property
Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Can You Change an Irrevocable Trust in New Jersey?
In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
How Intellectual Property Valuation Will Impact Business Transactions
Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
