Can “Burned In” Captions/Subtitles Affect Your Website’s ADA Accessibility?

Can "Burned In" Captions/Subtitles Affect Your Website's ADA Accessibility?

A core component of ADA web accessibility is captions/subtitles.

No matter what, the videos on your website must come with captions/subtitles. And, if the videos on your website do not have these things, you can be hit with an ADA web accessibility claim/lawsuit.

“Burned-in” captions/subtitles can complicate the facts outlined above.

Going over whether or not burned in captions/subtitles affect your website’s ADA accessibility, and speaking with a New York ADA lawyer, will make it easier for you to protect your website.

What Are “Burned In” Captions/Subtitles?

The definition of “burned in” captions/subtitles is as follows: captions and/or subtitles that are embedded into the video that is being played.

Just as an example, if you are watching a movie on DVD, you can turn on the subtitles. Or, if you don’t want them to appear, you can turn them off.

If you are watching a video with burned in captions/subtitles, though, then you cannot turn off these captions/subtitles; they will remain on the screen, no matter what you do, because they are embedded in the video.

Can “Burned In” Captions/Subtitles Affect Your Website’s ADA Accessibility?

The answer to the question outlined above is “Yes, burned-in captions/subtitles can, and will, affect your website’s ADA accessibility.”

Some of the most notable reasons why the above is true are as follows:

● If your captions/subtitles are burned in, then users who rely on screen readers and other assistive technologies will be unable to access them.
● If your captions/subtitles are burned in, then users who want to turn them off will be unable to do so, since they are burned into the video.
● If your captions/subtitles are burned in, then it is very difficult for them to be translated, especially with automated translation technologies that access caption/subtitle files.
● If your captions/subtitles are burned in, then users who want to adjust their size so that they can see them more clearly will be unable to do so.
● If your captions/subtitles are burned in, then users who would like to change their font, so that they can be read with greater ease, will be unable to do so.
● If your captions/subtitles are burned in, then users who would like to adjust their overall color contrast will be unable to do so.
● If your captions/subtitles are burned in, then users who would like to access a transcript of what occurs in the video you have posted will be unable to do so.

Outside of the above, a wide variety of other, equally significant, ADA web accessibility issues can, and almost always will, arise if you rely on burned in captions/subtitles.

The best way to avoid these issues is to make videos that rely on their own distinct caption/subtitle files.

Speak With A New York ADA Web Accessibility Lawyer Today

If you are dealing with a claim or lawsuit regarding your website’s ADA web accessibility, you must obtain legal assistance. Speak with a New York ADA web accessibility lawyer at The Samuel Law Firm today, and we will protect your website.

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The Samuel Law Firm is a litigation firm in Manhattan. Michael Samuel defends businesses in ADA lawsuits, website and premises, in wage and hour cases, and in contract and commercial disputes, and represents employees owed wages and people injured by negligence. He has practiced in New York since 1993 and appears in the Southern and Eastern Districts of New York and the New York state courts. Call 212-563-9884 for a free consultation; he answers directly