The Diary of a Young Girl by Anne Frank

Copyright and ownership of the originals

Anne Frank Fonds

In his will, Otto Frank bequeathed the original manuscripts to the Netherlands Institute for War Documentation. The copyright however belongs to the Anne Frank Fonds, a Switzerland-based foundation of Basel which was the sole inheritor of Frank after his death in 1980.

Expiration

According to the copyright laws in the European Union, as a general rule, rights of authors end seventy years after their death. Hence, the copyright of the diary expired on 1 January 2016. In the Netherlands, for the original publication of 1947 (containing parts of both versions of Anne Frank's writing), as well as a version published in 1986 (containing both versions completely), copyright initially would have expired not 50 years after the death of Anne Frank (1996), but 50 years after publication, as a result of a provision specific for posthumously published works (1997 and 2036, respectively).

When the copyright duration was extended to 70 years in 1995 – implementing the EU Copyright Term Directive – the special rule regarding posthumous works was abolished, but transitional provisions made sure that this could never lead to shortening of the copyright term, thus leading to expiration of the copyright term for the first version on 1 January 2016, but for the new material published in 1986 in 2036.[7][22]

The original Dutch version was made available free online by University of Nantes lecturer Olivier Ertzscheid and French parliament member Isabelle Attard.[57]

Authorship

In 2015, the Anne Frank Fonds made an announcement, as reported in The New York Times, that the 1947 edition of the diary was co-authored by Otto Frank. According to Yves Kugelmann, a member of the board of the foundation, their expert advice was that Otto had created a new work by editing, merging, and trimming entries from the diary and notebooks and reshaping them into a "kind of collage", which had created a new copyright. Agnès Tricoire, a lawyer specializing in intellectual property rights, responded by warning the foundation to "think very carefully about the consequences". She added "If you follow their arguments, it means that they have lied for years about the fact that it was only written by Anne Frank."[52]

The Anne Frank Fonds' claim, however, only referred to the heavily edited 1947 Dutch edition, not to the original diary.

The foundation also relies on the fact that another editor, Mirjam Pressler, had revised the text and added 25 percent more material drawn from the diary for a "definitive edition" in 1991, and Pressler was still alive in 2015, thus creating another long-lasting new copyright.[52] The move was seen as an attempt to extend the copyright term. Attard had criticised this action only as a "question of money",[57] and Ertzscheid concurred, stating, "It [the diary] belongs to everyone. And it is up to each to measure its importance."[58]


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