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Jamie Berke
Deafness Blog

By Jamie Berke, About.com Guide to Deafness

"Down" with Disney for Not Captioning ALL DVD Formats

Saturday November 14, 2009

Update 11/18: According to Marlee Matlin, Disney will restore the captions on future copies of the rental version of Up.

This week I have been made aware of the fact that the movie "Up" is out on DVD - but not all formats are captioned. According to Codeman38 on Twitter, the bare bones (no bonus features) rental version of "Up" does not have captions or subtitles.


Once again, I must remind my readers that captions on DVDs are voluntary. The laws we have for captioning DO NOT address dvds. So we are at the mercy of home video companies. If a company like Disney chooses not to caption one of their DVD formats, it is because they can legally do so without any penalty! The only "penalty" Disney can suffer is embarrassment if enough people complain and get the message across that ALL DVD formats must be captioned, including the rental version.


So if I want to see "Up," I have no choice but to buy it. No renting.

Comments
November 14, 2009 at 2:19 pm
(1) codeman38 says:

Thanks for mentioning this on your blog! I still can’t believe Disney would do something this incredibly clueless– particularly after the Boltz v. Buena Vista suit several years back about false advertising of captioned bonus features. (It should also be noted that the rental DVD case at Blockbuster has the icon for subtitles just like the retail version– but no subtitles on the actual disc inside!)

For what it’s worth, it may be worth checking out independent local video stores; some of them get their DVDs through alternative channels and may have the retail version instead. It’s best to actually have them try it in their DVD player before renting, though, just in case.

November 14, 2009 at 2:58 pm
(2) Brian M says:

Yes, After renting “UP” and find that there is none of CC or Subtitle untill now that We are “force” to buy DVD which it MAY have CC…???
Thank you for let us know…

November 14, 2009 at 5:29 pm
(3) J.J. says:

I find that hard to believe. I will rent “Up” and get back to yall.

Are you all sure that you aren’t trying to get the captions via a HDMI cable? Even so, I can’t believe that there aren’t any subtitles because all Pixar movies to date have been subtitled.

Maybe it’s an isolated rental?

November 14, 2009 at 5:31 pm
(4) Jenny says:

I read somewhere that you can turn on the SDH if you use the REMOTE – I have a subtitle button on my remote… If you press that, see what happens? Anyone have a rental they can try? I’m willing to try out a rental and use the remote as SDH is not accessible from the menu, as there is no menu! But I’m waiting until my free monthly rental to give “UP” a try…

November 14, 2009 at 5:32 pm
(5) J.J. says:

Wow, I just checked Amazon.com and “Up” is only subtitled in French or Spanish.

OK, will have to try “Up” with component cables and see if my TV cannot caption it….

See link: http://www.amazon.com/Disc-Combo-Pack-Digital-Blu-ray/dp/B001KVZ6G6/ref=sr_1_1?ie=UTF8&s=dvd&qid=1258237821&sr=8-1

November 14, 2009 at 8:09 pm
(6) Thumpaflash says:

Actually, since UP is an animated movie, they are supposed to caption it, according to the settlement (Boltz vs Buena Vista) referred to above. To quote an analysis done of the settlement:

“What Buena Vista and Disney don’t have to do

1.Caption any “catalogue” DVD that is being released for the first time in any home-video format.

2.Caption any catalogue re-release DVD with an initial projected shipment of under 500,000 copies. (Under other terms of the settlement, the minimum number of catalogue re-release DVDs to be captioned is nonetheless two per year.)

3.Caption any “preschool title,” meaning “programming whose target audience is children ages five and under.” That means a deaf parent cannot monitor and understand the material his or her child watches.

4.Caption any bonus material if a company other than Buena Vista or any Disney affiliate provides it. Yes, that’s what it really says: “Any titles distributed by BVHE where the bonus material is produced or supplied by any entity other than BVHE or any other affiliate of the Walt Disney Company.” Whether this applies to bonus material in whole or in part is unclear.

5.Caption TV shows released on DVD. Only “new theatrical releases” and animated movies released direct to DVD qualify.”

The entire analysis of the settlement can be found at this link:

http://blog.fawny.org/2006/06/02/dvdcc/

I would make a point of reminding them of this settlement and the language from it, and demand that they provide the captioned material, even in rented versions, or that you will contact media outlets (someone will eventually pick the story up, believe me. With the anti-big business atmosphere now, it’s be low-hanging fruit for them, easy ratings).

Thanks,
Eddie

November 14, 2009 at 8:11 pm
(7) Randy Murbach says:

I rented the “Up” movie from Redbox tonight and was disappointed to see that I could get neither open or closed captioning! This is very “un-disney-like”.

November 14, 2009 at 8:42 pm
(8) Evan B. says:

I wanted to watch “Up” with my grandfather, who I knew would enjoy this film. He’s hard of hearing and depends on subtitles to keep track of the dialog.

But I can’t watch “Up” with him because I rented the DVD. I supposed I could go out and by a $25 DVD just so my hearing impaired grandfather can enjoy a movie.

I’m really disappointed with Disney.

November 14, 2009 at 10:26 pm
(9) deafness says:

Walmart is selling it for $15 where I live. Considered buying it tonight but decided not to, for now.

November 15, 2009 at 8:18 pm
(10) codeman38 says:

This has gotten picked up by Consumerist:

http://consumerist.com/5405145/disney-removes-closed-captioning-from-up-rental-release

November 16, 2009 at 11:33 am
(11) Erica says:

My husband rented the movie UP. He always make sure the DVDs has subtitles. To our disappointment, it would not turn on the subtitle from our remote. I’m shocked that rental from Disney are not subtitled. How can most of us enjoy the movie and understand dogs speak without moving their lips??? ha!

November 16, 2009 at 2:05 pm
(12) Sonny says:

I called Disney Movie Studios about UP rental disc at 800-723-4763 then press 4 then press 4 to get a live person. This person immediately apologized to me at least five times. She said they are already aware of this accessibility issue and they are working to resolve it asap. She then asked me for my full name, email address and home address. She said I’d hear back from them either by email or letter when this has been resolved. I encourage you to call them too. The more calls, the better. The whole call took me 5-7 minutes.

November 16, 2009 at 3:55 pm
(13) Mr. Sandman says:

I’m trying to find out what the final, actual result of Boltz v. Buena Vista was– does anyone know if this was actually implemented? The link above just goes to the details of the proposed settlement, but doesn’t say if final judgment was made on the settlement.

November 16, 2009 at 4:06 pm
(14) Joscasta says:

The number to call to Disney to complain is 800-723-4763. I did call, and they said they are aware of it.. and are trying to figure out how it happened, and are working on finding a solution.

I got the rental version from Redbox.. ohh I was peeved!

November 16, 2009 at 5:35 pm
(15) Amy says:

I have a Netflix rental in my hand. No subtitles, no captions. All the bonus features have been stripped. There is nothing for the decoder to pick up, there is nothing for the subtitle function to capture. Aside from being shocked that Disney thought this was ok and is using it to encourage the purchase of the retail version I find irony in the fact that this is a film that features a hearing impaired (aided) character.

November 16, 2009 at 11:36 pm
(16) codeman38 says:

@Amy: That irony did not go unnoticed by me either. They removed the captioning from the DVD of a movie whose protagonist is hard of hearing?!

November 17, 2009 at 10:43 am
(17) Denise says:

WAKE UP PEOPLE THERE ARE PLENTY OF DEAF FOLKS AND WE DO LOVE TO WATCH DVD’S WITH CAPTION…THS IS NOT ACCEPTABLE FOR 2009 FOR GOD’S SAKE!!!!!

IT NEED TO BE MANDATORY THAT THEY ALL HAVE CAPTIONS ……

November 18, 2009 at 9:15 pm
(18) jim, boston says:

I was quite angry to get “Up” from Netflix and discover that it was a bare bones rental only edition. No subtitles, no close captioning, no extra features, no audio options, not even a menu, but lots and lots and lots of advertisements that have to be skipped one by one before you can get to the movie. If Netflix had been honest and included this info anywhere on their website I would never have rented it since I am absolutely opposed to the whole idea of stripped down rental only dvds. Perhaps next they will only have a mono soundtrack instead of 5.1 or full screen/pan&scanned instead of anamorphic widescreen or b&w instead of color. Even though I can hear I was outraged by the fact that this release totally excludes the deaf and hard of hearing from renting the movie. I was so angry about this that it contaminated the film and prevented me from enjoying it as much as I might have. The irony is that the main character wears a hearing aid and the movie has several (good natured) jokes about it. I blame both Disney and Netflix for this. Disney for doing it and Netflix for accepting it and not telling their customers what they were getting.

November 25, 2009 at 11:29 am
(19) raindog says:

i understand your pity about “dvd” situation…. i was shocked to hear about that! however, i watched “up” five times in two days with my daughter. and yes, with closed caption. also yes, from netflix. i rent blu ray dvd and it comes with menu. i have no problem with it. in VERY soon, the regular dvd will be g-o-n-e like vhs tapes. blu ray is getting popular. i assumed that any company decided to not put any special like languages or whatever in dvd. just blu ray only. sad… it’s all about the “money” situation..

try to switch to blu ray and you won’t be disappointed.

i am sorry about this problem..

i am happy with netflix and i have been member for netflix since 2001.i have no problem so far….

January 3, 2010 at 10:56 pm
(20) Dory Roybal says:

It is so un-disney like too. I thought something is wrong with the rental dvd itself when rented for first time. It was skipping twice. Got second one no way to get to disc menu to the language setting at all. Watched it without the subtitles or closed captioning. Complained to the Hastings store thought was another bad pick of dvd disc itself. Tried to rent third one as the manager of the store said raincheck for the same title only. Same thing no subtitles or captioning asked a friend to try from other store. Same thing all over again. THREE different UP rental DVD movies….
Very disappointing for disney-pixar no excuses at all because they has other movies that are captioned or subtitled. Have not watch Bolt yet.
Must have full accessibility to all hearing impaired in general of all ages. Disappointed big time !!!!

January 6, 2010 at 4:27 pm
(21) Terry Galloway says:

I was so glad to find this site. I was furious when I rented Up from Blockbuster and like everyone else discovered after my family was all set up to watch it on Christmas Eve — that there were no subtitles.

My family was furious, too. We took it back to Blockbuster and had them try three more on their own machines. Nothing! I then rented one from Redbox. Same thing.

I’m going to call that Disney number and complain. The next batch out is going to be subtitled they say. Well when will that be? And how the devil are we supposed to find out which is which without shelling out a lot of money for rotten videos.

Nuts to them!

January 9, 2010 at 7:12 pm
(22) Nancy Louise says:

Well I just got “Up” from Netflix, and Up is a Pixtar movie and it was not Captioned. I was so upset, waited a long time for seeing this movie. My family went and saw it without me, so this was family night and no captions and the subtitles were in Spanish and French which I do not read! Grrrrr I posted my complaint on Facebook and was directed to this site, so Thanks for this!!!

January 25, 2010 at 12:47 am
(23) LEBATO says:

I can’t believe it. I also rented UP and it was a huge letdown. The whole DVD is in fact broken. There is no DVD menu accessible at any point. So no chapter selection, no setting up (for what right? there’s no subtitles/captions anyway).

I can’t believe that a company like Disney would some up with such a crappy way of doing things. Unbelievable, hugely disappointed in Disney.

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