Anne Frank Foundation Extends Copyright on Diary
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UPDATED: Jul 16, 2021
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UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Anne Frank died in the Bergen-Belsen concentration camp in 1945. She was 15 years old.
Anne became posthumously famous worldwide for the journal she kept while she and her family and friends were hiding from the Nazis in a “secret annex” in an office building. Those hiding were betrayed, arrested, and sent to concentration camps for the “crime” of being Jewish.
The journal was recovered by her father after World War II – he was the only member of the family to survive – and published in 1947 under the title The Diary of a Young Girl.
The diary has been translated into 67 languages and has sold more than 30 million copies. It’s considered one of the most beloved and influential works of the 20th century.
Copyright Protection and the Public Domain
In Europe, copyright protection generally ends 70 years after the death of the author of a work. Thus, the copyright for the Diary is set to expire January 1, 2016. (Anne’s precise date of death is not known.)
Once the copyright expires on a work, it’s said to be in the “public domain” – anyone can publish and distribute copies, create derivative works (such as movies), and exercise any of the other rights previously exclusive to the copyright owner.
The Swiss foundation that owns the copyright – Anne Frank Fonds – is seeking to extend the copyright on the Diary by naming Anne’s father, Otto Frank, as a co-author.
The foundation now asserts that Otto Frank “created a new work” when he published his daughter’s diary, in that he edited and combined entries from her diaries and notebooks into a “kind of collage.”
Otto Frank died in 1980, so that would extend the term of the copyright to 2050.
Another editor, Mirjam Pressler, further revised and edited the Diary and added 25% more of Anne’s original work. Her “definitive edition” was published in 1991 and the copyright was transferred to the foundation. She is still alive, and under current copyright law her copyright would not expire until 70 years after her death.
The Foundation
Otto Frank set up the foundation to collect the royalties from the published versions of the diary. According to the New York Times, the royalties are distributed to
charities such as Unicef, children’s education projects and a medical fund that today supports about 50 gentiles who saved Jews during the war.
The foundation says that it donates about $1.5 million annually to several hundred charities.
The longer the copyright lasts, the longer the foundation can continue to collect royalties and distribute them to worthy causes.
The foundation officials say that they are also concerned about inappropriate exploitation of the work.
Challenging the Extension
Bootleg copies of the Diary have been posted online, according to the Times, and the foundation’s attempt to extend the copyright might not stand if challenged in court.
Some scholars have said that the best way to protect the Diary and give it the widest possible audience is to let it fall into the public domain.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.