{"id":19194,"date":"2012-07-02T07:02:01","date_gmt":"2012-07-02T12:02:01","guid":{"rendered":"http:\/\/deafnetwork.com\/wordpress\/?p=19194"},"modified":"2012-07-02T13:23:02","modified_gmt":"2012-07-02T18:23:02","slug":"updates-from-nad-63012","status":"publish","type":"post","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/07\/02\/updates-from-nad-63012\/","title":{"rendered":"Updates from NAD 6\/30\/12"},"content":{"rendered":"

Updates from NAD<\/strong><\/p>\n

* What Does the Recent NAD vs. Netflix Precedent Mean?
\n* The NAD Advocates for Access to Quality Captioning
\n* The NAD Leads the Way for Accessible Closed Captioning Controls<\/p>\n

What Does the Recent NAD vs. Netflix Precedent Mean?<\/strong><\/p>\n

View Announcement and Vlog from NAD CEO Howard Rosenblum<\/p>\n

http:\/\/www.nad.org\/news\/2012\/6\/what-does-recent-nad-vs-netflix-precedent-mean<\/a><\/p>\n

A year ago, the National Association of the Deaf, along with other
\nparties, filed a lawsuit against Netflix for refusing to caption their
\n“Watch Instantly” streaming service, denying equal access to deaf and
\nhard of hearing individuals. Soon after NAD filed suit, Netflix
\nattempted to shut down the case by submitting a motion with two main
\npremises. The first premise was that the Americans with Disabilities
\nAct (ADA) does not apply to website-only businesses, and the second
\npremise was that the new 21st Century Video Communications &
\nAccessibility Act (CVAA) covers the Internet, and therefore the ADA
\ndoes not apply. On June 19, 2012, the judge presiding over the case
\nmade a landmark decision, allowing NAD’s lawsuit against Netflix to
\nmove forward. Watch NAD CEO Howard Rosenblum as he outlines the details
\nof this victory and what to expect as the case moves forward. The fight
\nis far from over!<\/p>\n

Click here to read Judge Ponsor’s decision.<\/p>\n

http:\/\/www.nad.org\/sites\/default\/files\/2012\/June\/MJP%20DENIED%20-%20JUDGE%20PONSOR%20ORDER%20-%206-19-12.pdf<\/a><\/p>\n

Click here to read the official NAD press release.<\/p>\n

http:\/\/nad.org\/news\/2012\/6\/landmark-precedent-nad-vs-netflix<\/a><\/p>\n

The NAD Advocates for Access to Quality Captioning<\/strong><\/p>\n

Click here to View Announcement and Vlog<\/p>\n

http:\/\/www.nad.org\/news\/2012\/6\/nad-advocates-access-quality-captioning<\/a><\/p>\n

On June 5, 2012 the National Association of the Deaf, along with other
\nconsumer interest groups, testified before the U.S. Copyright Office
\nasking that closed captions and audio descriptions be exempted from
\nanti-circumvention measures under Copyright law.<\/p>\n

The NAD, Georgetown Law Institute for Public Representation and on
\nbehalf of Telecommunications for the Deaf and Hard of Hearing, Inc.,
\nGallaudet University, and the American Foundation for the Blind were
\nthe groups involved in this testimony. All groups testified that the
\nCopyright law should not stand in the way of third parties being able
\nto add or improve captions or audio descriptions on digital video
\nprogramming distributed via Internet protocol or on fixed media.<\/p>\n

A large amount of video programming is not required to be captioned
\nunder the law, such as DVDs and some online programming. The
\nTwenty-First Century Communications and Video Accessibility Act (CVAA)
\nrequires the captioning of programs shown online if they were first
\nshown on TV with closed captions. The FCC also exempted video clips
\nof programs shown on TV with captions from coverage under the CVAA.<\/p>\n

If content owners do not want to add captions themselves, then there is
\nno reason for third parties, such as schools or online video
\nprogramming distributors, to be prevented from adding or modifying
\nexisting captions.<\/p>\n

There are also situations where the quality of the closed captions are
\nso poor, making it nearly impossible to follow the program. Third
\nparties should be able to correct misspellings or improve the timing of
\ncaptions. Moreover, an exemption for closed captioning will make sure
\nthat video players will allow users to customize the caption
\nsize, change colors, and improve contrast \/ readability.<\/p>\n

The NAD expects a decision from the U.S. Copyright Office within a
\nyear. As part of our testimony, we showed several videos – created by
\nCPC Closed Captioning – that illustrate the good, the bad, and the ugly
\nof closed captioning and audio descriptions \u2013 view
\nit here. http:\/\/youtu.be\/VyA5mkhCzRA<\/a><\/p>\n

The NAD Leads the Way for Accessible Closed Captioning Controls<\/strong><\/p>\n

Click here to View the Announcement<\/p>\n

http:\/\/www.nad.org\/news\/2012\/6\/nad-leads-way-accessible-closed-captioning-controls<\/a><\/p>\n

On June 4, 2012, the National Association of the Deaf (NAD) led a
\nnumber of organizations and consumer groups in submitting comments in
\nresponse to a Public Notice issued by the Federal Communications
\nCommission (FCC) on the accessibility of closed captioning controls on
\ndevices and equipment.<\/p>\n

The Twenty-First Century Communications and Video Accessibility Act
\n(CVAA) directs the FCC to mandate access to closed captioning features
\non both video programming equipment and navigation devices through
\nmechanism that is \u201creasonably comparable to a button, key, or icon\u201d
\ndesigned specifically for activating closed captioning features.<\/p>\n

Closed captioning controls must be easily accessible, in order to
\nprevent navigation through unfolding maze of menus, or prevent users
\nfrom having to turn on\/off a device in order to access closed
\ncaptioning controls.<\/p>\n

The closed captioning control is a mechanism that is used to turn
\non\/off closed captions<\/p>\n

and\/or customize size, color and positioning, among many other
\nfeatures. The NAD, along with other consumer interest groups, believes
\nthat closed captioning controls need to be treated with a role that is
\nequivalent to that assigned to current volume controls.<\/p>\n

If a physical button on the device or remote raises or lowers volume,
\nthen there should also be a physical button to access the closed
\ncaptioning control. If users control the volume inside a program, then
\nthe closed captioning control needs to be placed adjacent to the volume
\ncontrol.<\/p>\n

Hearing people rely on the ability to quickly adjust the volume of
\nprograms, particularly if someone is speaking softly, or if there is
\nbackground noise in the surrounding environment. Deaf and hard of
\nhearing people have similar experiences and often face situations where
\nthe closed captions cover important on-screen text such as an important
\nnews headline or sports box score and need to quickly turn off the
\nclosed captions to read the text, and then quickly turn the closed
\ncaptions back on. Consumers also need information about which programs
\nare captioned prior to viewing video content. Oftentimes, deaf and hard
\nof hearing people simply do not know if the content is accessible until
\nafter they\u2019ve watched 30 seconds to a minute of
\nnon-captioned advertisements.<\/p>\n

In comments submitted to the FCC by the NAD and other consumer groups,
\nit was recommended that the closed captioning control be accessible at
\nall times. Additionally, it is important that users do not have to turn
\non \/ set up the closed captioning every time they use a device, but
\nthat their closed captioning settings remain the same even when the
\nunit is powered on and\/or off.<\/p>\n

Please feel free to read the comments we submitted in response to the
\nFCC Public Notice here and here.<\/p>\n

http:\/\/www.nad.org\/sites\/default\/files\/WG4%20PN%20May%202012%20FINAL.pdf<\/a><\/p>\n

and<\/p>\n

http:\/\/www.nad.org\/sites\/default\/files\/WG4%20PN%20June%202012%20REPLY%20FINAL.pdf<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Updates from NAD * What Does the Recent NAD vs. Netflix Precedent Mean? * The NAD Advocates for Access to Quality Captioning * The NAD Leads the Way for Accessible Closed Captioning Controls What Does the Recent NAD vs. Netflix…<\/p>\n

Read more →<\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2],"tags":[114,3472,1069,1188,12830,8497,342,2019,8014,9719,100,630,1228,4725,14280,5797,14279,39,9720,2071],"class_list":["post-19194","post","type-post","status-publish","format-standard","hentry","category-deaf-news","tag-ada","tag-americans-with-disabilities-act","tag-cc","tag-closed-captioning","tag-copyright","tag-cvaa","tag-fcc","tag-federal-communications-commission","tag-howard-rosenblum","tag-lawsuit","tag-nad","tag-national-association-of-the-deaf","tag-netflix","tag-public-notice","tag-quality-captioning","tag-twenty-first-century-communications-and-video-accessibility-act","tag-u-s-copyright-office","tag-video","tag-watch-instantly","tag-youtube"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p752R-4ZA","jetpack-related-posts":[{"id":20274,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/10\/10\/netflix-and-the-nad-reach-historic-agreement-to-provide-100-cc-in-on-demand\/","url_meta":{"origin":19194,"position":0},"title":"Netflix and the NAD Reach Historic Agreement to Provide 100% CC in On-Demand","author":"Grant Laird Jr","date":"October 10, 2012","format":false,"excerpt":"Netflix and the National Association of the Deaf Reach Historic Agreement to Provide 100% Closed Captions in On-Demand Streaming Content Within Two Years http:\/\/bit.ly\/Ook4sl (October 10, 2012) Netflix Inc. and the National Association of the Deaf (NAD), a non-profit organization, have submitted a joint Consent Decree to a federal court\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":20943,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/11\/30\/shane-feldman-departs-nad-to-lead-rid-as-executive-director\/","url_meta":{"origin":19194,"position":1},"title":"Shane Feldman Departs NAD to Lead RID as Executive Director","author":"Grant Laird Jr","date":"November 30, 2012","format":false,"excerpt":"Shane Feldman Departs NAD to Lead RID as Executive Director The National Association of the Deaf (NAD) congratulates Shane H. Feldman for his selection as the new Executive Director of the Registry of Interpreters for the Deaf (RID). The NAD greatly benefited from Mr. Feldman\u2019s leadership and contributions in his\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":14726,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2011\/06\/20\/nad-files-disability-civil-rights-lawsuit-against-netflix\/","url_meta":{"origin":19194,"position":2},"title":"NAD Files Disability Civil Rights Lawsuit against Netflix","author":"Grant Laird Jr","date":"June 20, 2011","format":false,"excerpt":"NAD Files Disability Civil Rights Lawsuit against Netflix Deaf and Hard of Hearing Plaintiffs Charge that Netflix Violates the Americans with Disabilities Act by Not Providing Equal Access to its \u201cWatch Instantly\u201d Streaming Content The National Association of the Deaf (NAD), the nation\u2019s premier civil rights organization of deaf and\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":33973,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2016\/08\/04\/ada-celebration-with-nad-ceo-howard-rosenblum\/","url_meta":{"origin":19194,"position":3},"title":"ADA Celebration with NAD CEO Howard Rosenblum","author":"Grant Laird Jr","date":"August 4, 2016","format":false,"excerpt":"ADA Celebration with NAD CEO Howard Rosenblum Friday, August 26, 2016 at\u00a06:00pm Special Guest Speaker Howard Rosenblum from National Association of the Deaf (NAD) On Advocacy Successes, Deaf Rights, ADA updates, and Q&A Door prizes provided by Texas Association of the Deaf (TAD) Refreshments, including an ADA Celebration cake, will\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"ADA with Howard Austin Flyer","src":"https:\/\/i0.wp.com\/deafnetwork.com\/wordpress\/wp-content\/uploads\/2016\/08\/ADA-with-Howard-Austin-Flyer-849x1024.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":7997,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2009\/10\/06\/nad-calls-out-netflix-on-captions\/","url_meta":{"origin":19194,"position":4},"title":"NAD Calls Out Netflix on Captions","author":"Grant Laird Jr","date":"October 6, 2009","format":false,"excerpt":"NAD Calls Out Netflix on Captions On September 9, 2009, the National Association of the Deaf requested that Netflix provide a captioned version of \u201cThe Wizard of Oz\u201d movie that Netflix made available online, for free, for everyone on October 3, 2009. Netflix disregarded the NAD request along with thousands\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":34102,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2016\/08\/25\/reminder-ada-celebration-with-nad-ceo-howard-rosenblum-82616-austin\/","url_meta":{"origin":19194,"position":5},"title":"REMINDER: ADA Celebration with NAD CEO Howard Rosenblum 8\/26\/16 – Austin","author":"Grant Laird Jr","date":"August 25, 2016","format":false,"excerpt":"ADA Celebration with NAD CEO Howard Rosenblum Advertising video: https:\/\/www.youtube.com\/watch?v=dqQBGhBWvxw. 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