Gary, Barb, et al,

Several colleges and universities have contacted Bullfrog Films for permission 
to caption a video when there is no closed-captioned version available.
We often provide a transcript of the program to assist in this process.  Now 
most new DVD titles from Bullfrog Films have SDH captions: subtitled for the 
deaf
and hearing impaired.  Please contact us for further details.

Elizabeth
Bullfrog Films 

-----Original Message-----
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Wednesday, October 12, 2011 11:23 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Captioning - Is permission required from distributor?

I believe that, technically, permission must be sought...  Don't think the ADA 
makes provisions for doing this without such.

Check out:   (legal opinion, State of California)

Option 2
Obtain Permission to Caption Audiovisual Materials If a closed-captioned 
version of the needed video is unavailable from the publisher, the next best 
option is to request permission from the copyright owner to caption the video. 
It is important that you obtain written permission to caption the video. You 
should not interpret a lack of response from the copyright holder as permission 
to caption.



Gary Handman

> I just saw a memo for our system counsel that struck me as wrong, but 
> need some backing evidence.
>
> It is telling the Office of Disability Services to ask permission from 
> distributors before creating an open captioned version of films.
> My understanding is that this is allowed under ADA and that no 
> permission is needed.  Right?
> (Contacting the distributor to find out if there is perhaps a 
> captioned version available, yes. Permission, no.)
>
> Captioning is only being added to videos where there is a 
> hearing-impaired student enrolled in the class. (And only on legally acquired 
> -i.e.
> purchased-videos.)
>
> Barb Bergman | Media Services & Interlibrary Loan Librarian | 
> Minnesota State University, Mankato | (507) 389-5945 | 
> barbara.berg...@mnsu.edu
>
> VIDEOLIB is intended to encourage the broad and lively discussion of 
> issues relating to the selection, evaluation, 
> acquisition,bibliographic control, preservation, and use of current 
> and evolving video formats in libraries and related institutions. It 
> is hoped that the list will serve as an effective working tool for 
> video librarians, as well as a channel of communication between 
> libraries,educational institutions, and video producers and distributors.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

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