Accessibility Legislation
Caption, description and copyright laws
The international Intelectual Properties internet content sharing treaty allows the provisions of technology copyright measures, which has complecated the provisions agreement for accessible media formats (Accessible Media And Copyright).Accessible Media Obligations
The copyright limitations and exceptions principle, for the purpose of providing accessible media for persons with perceptual disabilities, is supported and adopted at all levels of societal legal obligations.international world trade agreements.
international intellectual properties treaties.
United Nations declaration of human rights.
Canadian government copyright laws.
Ontario AODA legislation.
Caption And Descriptive Definition
Closed captions are delivered with video in a hidden encoded form, and can be decoded and displayed or opened at the viewer's option.
Open captions are displayed for all viewers and may even be painted onto the images of a video.
Subtitles, unlike captions used to display textual transcripts in the same language of the spoken dialogue, generally contain translations of the dialogue to a foreign language.
Live description allow near real-time video description for broadcast or web content; where a describer will not have time to prepare a script or even preview much of the material before hand.
Post-production descriptive video provides an opportunity for fewer errors.
Copyright Laws
Copyright law in the context of captioning videos is a gray area that is open to interpretation. The Copyright Law and the Accessibility Fare Use law appear to be in conflict with each other, and has created uncertainty for libraries and educational institutions.While the Americans with Disabilities Act (ADA) does not require brick-and-mortar businesses such as video stores to stock captioned videos, courts have held that the ADA requires movie theater owners to enable the display of captions provided by the movies copyright holders a requirement bolstered by several out-of-court settlements.
This is particularly a problem for Canadian organizations where there are no legal precedence.
As a World Intellectual Property Organization (WIPO) member, Canada is a contracting party in the The Marrakesh Treaty, and commited to adopting national laws that permit the making availability of published works in accessible formats.
On June 8, 2015, Bill C-65 was introduced in the House of Commons. An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities).
The copying licence agreement permits Government of Canada Institutions to make and distribute Copies of Published Works in the Repertoire, for the non-profit purposes of conducting business within their mandates and for purposes of the delivery of government programs and services including, but not limited to their professional, research, archival, communication and administrative activities.
The copying licence agreement permits Government of Canada Institutions to make and distribute Copies of Published Works in the Repertoire, for the non-profit purposes of conducting business within their mandates and for purposes of the delivery of government programs and services including, but not limited to their professional, research, archival, communication and administrative activities.
- Section 29: Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.
- Section 30: The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works in which copyright subsists and not themselves published for the use of educational institutions, does not infringe copyright in those published literary works.
- Section 32: Reproduction in alternate format for Persons with Perceptual Disabilities.
The Ontario Regulation 191/11 Integrated Accessibility Standards made under the ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT (AODA) 2005, establishes the accessibility standards for each of information and communications, employment and transportation.
Copyright limitations and exceptions considerations will impact the following sections under the AODA Integrated Accessibility Standards.
Copyright limitations and exceptions considerations will impact the following sections under the AODA Integrated Accessibility Standards.
- Section 12 Accessible formats and communication supports: Except as otherwise provided, every obligated organization shall upon request provide or arrange for the provision of accessible formats and communication supports for persons with disabilities.
- Section 14 Accessible websites and web content: Designated public sector organizations and large organizations shall make their internet websites and web content conform with the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) Level AA.
- Section 15 Educational and training resources and materials: Requires that every obligated organization that is an educational or training institution shall provide educational or training resources or materials in an accessible format upon request.
- Section 17 Producers of educational or training material: Obligated organization that is a producer of educational, training or print-based learning resources shall upon request make accessible or conversion ready versions of the textbooks available to the institutions.
- Section 18 Libraries of educational and training institutions: Libraries of educational or training institutions that are obligated organizations shall provide, procure or acquire by other means an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability, upon request.
- Section 19 Public libraries: Obligated library organizations shall provide access to or arrange for the provision of access to accessible materials where they exist.
- Section 26 Accessible formats and communication supports for employees: Every employer shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports.
- Section 31 Career development and advancement: An employer that provides career development and advancement to its employees shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans, when providing career development and advancement to its employees with disabilities.