Comments on: Anne Frank and the Term of Copyright Protection: Why it’s Time to Move from Harmonisation to Unification https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/ Website of the COMMUNIA Association for the Public Domain Tue, 26 Apr 2016 12:56:42 +0000 hourly 1 https://wordpress.org/?v=6.4.2 By: #ReadAnneDiary (if you can) - EDRi https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64284 Tue, 26 Apr 2016 12:56:42 +0000 http://communia-association.org/?p=2070#comment-64284 […] Anne Frank and the Term of Copyright Protection: Why it’s Time to Move from Harmonisation to Unification (25.04.2016) http://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmon… […]

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By: Lodewijk https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64283 Tue, 26 Apr 2016 10:46:39 +0000 http://communia-association.org/?p=2070#comment-64283 Perhaps it is good to point out that the Wikimedia Foundation took this step because of the situation under US copyright, which is a whole new cup of tea…

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By: Jos Damen https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64282 Tue, 26 Apr 2016 10:44:58 +0000 http://communia-association.org/?p=2070#comment-64282 Note: in December 2015 the Amsterdam court clearly ruled that the 1947 book version of Het Achterhuis by Anne Frank (“Version C”) is now in the public domain.(http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2015:9312; esp. art. 4.3.3.: “Ingevolge de wetswijziging geldt echter dat de termijn is verlengd tot 70 jaar na het overlijden van Anne Frank.” (my translation: “Due to the change of law [in 1995] the term of copyright protection was extended to 70 years after the death of Anne Frank”. [i.e. 31 December 2015] This means that the Dutch text of Het Achterhuis (=The diary of Anne Frank, Dutch version 1947) is in the public domain as of 1. Jan 2016. Parts of Version A and Version B not published in 1947 are indeed still copyrighted, according to this ruling.

I do of course wholeheartedly agree with the conclusion that European copyright law should be more unified, understandable and clear. To begin with: always 70 years after the death of the author (or 70y after anon. publ.) & freedom of panorama in all countries.

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By: Federico https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64281 Tue, 26 Apr 2016 10:06:36 +0000 http://communia-association.org/?p=2070#comment-64281 In reply to Paul Keller.

I find it extremely unlikely that Otto Frank’s heirs will claim his co-authorship in court, hence I maintain that version C is in the public domain in most of the world. At most he can claim special “critical edition” rights, which e.g. in Italy are 20 years from publication.

I do agree on the main point of your campaign of course, which is about version A and B. But I urge you to avoid hasty claims about the 1947 edition.

By the way, it would be great to have a scan of the 1947 edition (a few copies exist in European libraries) and also to know when the German translator died. I wish her to have lived long but she was already 75 years old when the translation was published. https://de.wikipedia.org/wiki/Anneliese_Sch%C3%BCtz

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By: Paul Keller https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64280 Tue, 26 Apr 2016 09:56:12 +0000 http://communia-association.org/?p=2070#comment-64280 @Federico: As Sandra points out the copyright claim has indeed not been tested in court yet. If you take a close look at the A and the B versions of the book and compare them with the C version you will see that C is not merely a cut and paste exercise of undertaken by Otto Frank. There were personal choices involved and with the relatively low threshold of of originality that we have in the EU it is possible that the claim that Otto must be considered a co-author can be upheld. In any case it would probably help if everybody interested in this matter would have access to the original writings (which is the point of today’s action).

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By: Federico https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64279 Tue, 26 Apr 2016 09:46:12 +0000 http://communia-association.org/?p=2070#comment-64279 “As we have previously discussed”: not really. What makes you think that Otto Frank’s work on the 1947 edition passes the threshold of originality?

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By: Sandra Rientjes, Wikimedia Nederland https://communia-association.org/2016/04/25/anne-frank-term-copyright-protection-time-move-harmonisation-unification/#comment-64278 Mon, 25 Apr 2016 16:39:05 +0000 http://communia-association.org/?p=2070#comment-64278 I would like to provide some context to the decision of the Wikimedia Foundation (the organization that hosts Wikipedia and related projects) to remove the Dutch-language text of Anne Frank’s diary from WikiSource.

The text removed from WikiSource was the diary as first published in the Netherlands in 1947 (‘version C), which will not be public domain in the United States until 2042. The decision of the US-based Wikimedia Foundation to remove the text from WikiSource was solely based on its copyright status in the USA. It is not connected to the claim that Otto Frank has copyright over ‘Version C’ of Anne Frank’s diary.

That claim is not as uncontested as the blogpost suggests, and as far as I know has not yet been upheld by any court. Several experts on the writings of Anne Frank dismiss it, stating that the contribution of Otto Frank was not substantial enough to merit copyright. If they are right, Anne Frank’s diary as first published in 1947 became public domain in the Netherlands on 1 January 2016 after all…..

And yes, harmonisation of copyright in the EU is long overdue!

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