28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)

2. Captioning and Description for Digital Cinema

Since publication of the 2008 NPRM, a significant change has occurred in the industry, both in terms of the technology available for digital cinema and the speed at which movie theaters are converting to digital cinema.  With the move to convert to digital cinema systems, the technology and equipment available for these systems has expanded accordingly.  Digital cinema, which began to be developed in 2000, consists primarily of a digital server and a digital projector.  The content of the digital movie can be distributed digitally, often using a hard drive, optical disks, or satellite.²²  See, e.g., Michael Karagosian, Accessibility in the Cinema (June 3, 2010), available at http://www.mkpe.com/publications/d-cinema/presentations/2010-June_CHHA_Karagosian.pdf  (last visited July 14, 2014).  Unlike analog movies, digital cinema does not need splicing after delivery to the movie theater, thereby eliminating the risk of nicks to the film, and does not degrade over time or with repeated use.  It also is “unlocked,” which means there are no technology-based royalties to be paid for distributing the content.  Id.  According to comments from NCAM, captions and audio description are included in the digital cinema package (DCP).  The DCP contains the entire movie in electronic form (images, soundtrack, anti-piracy data, and if provided by the studios, captioning and description).  When ordering a DCP, movie theaters have the option to request either an open-captioned or a closed-captioned version of the movie.  If an open-captioned version is requested, no other equipment (such as an interface or personal user devices) is necessary in order to display a movie with the captions exhibited.

As digital cinema technology has advanced, the options and methods available for exhibiting movies with captioning and audio description have also expanded.  Members of the industry, manufacturers, and other interested parties worked together to ensure interoperability of digital cinema components through standards adopted by the Society of Motion Picture and Television Engineers (SMPTE), so that products that provide captioning and audio description would be compatible with the various digital cinema systems available for purchase and use by movie theaters.²³  For this and other reasons, in digital cinema systems it is much easier and far less costly to exhibit movies with captioning and audio description.  For example, unlike analog movies, digital cinema has many sound channels, making it much easier to include audio description.  See Michael Karagosian, Accessibility in the Cinema (June 3, 2010), available at http://www.mkpe.com/publications/d-cinema/presentations/2010-June_CHHA_Karagosian.pdf (last visited July 14, 2014).  In addition, digital cinema can easily support closed captions, including up to six closed-captioned languages at a time.  Id.  And for closed captions, a standardized output is available that permits the closed captioned product to plug in to any compliant digital system.  Id.

In terms of equipment needed, it is easier to exhibit movies in digital cinema using open captions because all that is required is that the captions be turned on.  No additional equipment (e.g., individual captioning devices) is needed to display open captioned movies.  Open captions, like closed captions, are included in the DCP and the movie theater simply requests a DCP with either open or closed captions.

Based upon the Department’s research, conversations with manufacturers, and comments received by the Department, several options appear to be available for delivering closed captions in digital films to the movie patron.  For example, two manufacturers produce and sell wireless closed-captioned displays that are mounted on a device that the movie patron places in the seat’s cup holder.  See Michael Karagosian, Update on Digital Cinema Support for Those with Disabilities: April 2013, available at http://www.mkpe.com/publications/d-cinema/misc/disabilities_update.php (last visited July 14, 2014).  One system uses a single infra-red transmitter for delivery of both closed captions and audio description.  Id.  A second system uses Wi-Fi technology to transmit closed captions directly from the server to a cup holder display unit.  This system does not appear at this time to support audio description.  However, according to its manufacturer, audio description can be provided through a third-party vendor system.  The Department understands that cup holder displays are already in use in theaters in Canada as well as some theaters in the United States.  Eyeglasses that display the text in front of the wearer’s eye while watching a movie are also on the market.  As of September 2012, Regal Cinema theaters had captioning glasses in use in 200 theaters and announced that it plans to use them in all of its theaters by April 2013.  Other companies are also reported to be developing eyeglasses that can display captions.  In addition, the Department understands that MoPix’s® Rear Window closed-captioned devices work in digital cinema as well as analog.  Movie theaters that have installed a captioning system for their analog product can still use that product with digital cinema.  MoPix®’s devices are supported by several digital cinema servers directly, although other servers may need to obtain a special interface.²⁴

In specialty movie theaters, such as IMAX or other big-screen format presentations, closed-captioning systems for digital cinema also work well, and the captioned data can be fed to the LED panel by a computer that is running special software that synchronizes the caption files to the film.

It is unclear from the comments received by the Department the extent to which 3D movies are currently being provided by studios or distributors with open or closed captioning.  Commenters representing both movie theaters and movie studios stated that MPAA member companies are hopeful that technological developments will soon allow closed captioning for 3D version releases.  A commenter involved in the development of the Rear Window® captioning system for analog movies stated that it has been tested in feature-length 3D presentations with positive viewer response.  The Department’s research indicates that both the captioning eyeglasses as well as the cup holder displays can show captions for 3D movies if the movies are provided with captioning.  By contrast, the Department understands that the same technology provides audio description for both 2D and 3D movies.  One commenter representing the movie theater industry stated that whenever audio description is available for digital 3D movies, it should be treated the same as audio description for film and video displays in other settings.

As with analog movies, the audio description in digital cinema is delivered using a wireless headset or ear phones.  Digital cinema audio supports up to 16 channels of audio²⁵ and the cinema audio formats have two channels reserved for both hearing impaired audio and audio description.  See Michael Karagosian, Accessibility in the Cinema (June 3, 2010), available at http://www.mkpe.com/publications/d-cinema/presentations/2010-June_CHHA_Karagosian.pdf (last visited July 14, 2014).  Moreover, both the infra-red and FM-audio single-channel systems presently used for assisted listening can be replaced by multi-channel systems that support both assisted listening and audio description.