170.135. Captioning of electronic video instructional materials--definitions--failure to comply, civil penalty. - Missouri Statutes

Captioning of electronic video instructionalmaterials--definitions--failure to comply, civil penalty.

170.135. 1. As used in this section, the following terms mean:

(1) "Captions", when the audio portion of video programming isdisplayed as text superimposed over the video;

(2) "Closed captions", captions that may be turned on or off by theviewer;

(3) "Electronic video instructional materials", materials designed,marketed, and sold for use in the instructional programs of educationalinstitutions in Missouri, including but not limited to materials onvideotape, CD-ROM, digital video disc (DVD), and film;

(4) "Open captions", captions that are always viewable and cannot beturned on and off by the viewer.

2. Beginning January 1, 2008, every publisher or manufacturer ofelectronic video instructional materials offered for adoption or sale inthe state shall supply such materials with open captions or closedcaptions, except for the following:

(1) Video products or portions of video products for which thepublisher does not have the rights to add captions; and

(2) Video products or portions of video products for which the userdoes not receive a physical copy of the product, but rather the product isotherwise broadcast into the instructional environment through televisionprogramming, teleconferences, and/or products distributed over the Internetor World Wide Web.

3. If the publisher or manufacturer fails to comply with therequirements of this section, the publisher or manufacturer shall be liableto the entity that purchased the electronic video instructional materialsin the amount of three times the amount paid by the purchasing entity tohave captions placed on the materials.

4. In order to ensure the effective implementation of subsection 3 ofthis section, a liability claim may be made on behalf of the purchasingentity by either the individual purchaser; a school, school district,college, or university that employs the individual purchaser; the Missouridepartment of elementary and secondary education; or the Missouridepartment of higher education.

(L. 2007 H.B. 181)