Captioning of IP-Delivered Clips of Live and Near-Live Programming

As we previously reported here, FCC rules now require that any clip of programming that aired on television with captions that is subsequently delivered via Internet-protocol (“IP”) must also be captioned. The FCC adopted various compliance deadlines, which depended on the type of clip delivered via IP. Currently, only straight-lift clips and montages of prerecorded video programming are required to be captioned.

Beginning July 1, 2017, clips of live and near-live programming must be captioned if the associated video aired on television with captions. Live programming is programming that is shown on television substantially simultaneously with its performance. Near-live programming is programming that is performed and recorded less than 24 hours prior to the time it first aired on television. Unlike clips of recorded programming, clips of live and near-live programming will have a grace period before they need to be captioned online.

Any clips that contain live programming will have a 12-hour grace period, and any clips that contain near-live programming will have an 8-hour grace period. The grace period begins when the first captioned television display of the programming concludes. By the end of the applicable grace period, any IP-delivered clips of live and near-live programming must contain captions.

As a reminder, the requirement to caption clips delivered via IP only applies to content that aired on television with captions and is posted to websites or apps operated by the video programming distributor.

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If you have any questions regarding the FCC’s closed captioning rules, please contact any attorney in our office.