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.
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
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!
