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

Audio description (Section-by-Section Analysis)

For the purposes of this subsection, the Department is proposing to add a definition for “audio description.”  In proposed § 36.303(g)(1)(i), “audio description” is defined as the “provision of a spoken narration of key visual elements of a visually delivered medium, including, but not limited to, actions, settings, facial expressions, costumes, and scene changes.”

In the Department’s July 26, 2010, ANPRM, the Department used the term “video description” to define the process and experience whereby individuals who are blind or have low vision are provided with a spoken narrative of key visual elements of a movie, such as actions, settings, facial expressions, costumes, and scene changes.  The Department received several comments addressing whether it should continue to use the term “video description” or other terms, including “audio description.”  The majority of commenters addressing this issue supported the use of the term “audio description,” stating that audio description has been used since 1981 as the term of art to describe using language to provide access to visual images, and pointing out that the National Endowment for the Arts and the Graphic Artists Guild both use the logo “AD” to indicate the availability of audio description.  In addition, audio description more appropriately describes the type of auxiliary aid involved, because the process involves providing information that is experienced aurally.  In response to these comments, the Department has been persuaded to change the nomenclature for this process to “audio description.” 

Question 3: Should “audio description” be the nomenclature adopted in the final rule?

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