Date: Fri, 27 Nov 2015 17:58:28 +0000

Let's be careful not to mix US and foreign copyright public domains.  The only writings of Anne Frank that could enter the public domain in the U.S. on 1 January 2016 are creative items that she wrote that were first published (if published at all) after 1 Jan. 2003.  Here is how her copyrights would play out in the US (assuming that there are no more unwarranted extensions of copyright term - a risky assumption):

1. Text in the 1947 Dutch edition of the diary:  This was registered and renewed for copyright in the US, and will remain in copyright until 1 Jan. 2043, 95 years after publication (not 2047, as many news reports indicate).

2.  The English translation first published in 1952: Copyright in the translation and any portions of the diary that did not appear in the 1947 Dutch edition will last until 1 January 2048 (again, 95 years after publication).

3.  Diary text first published in the critical edition of 1986: Those portions will be protected by copyright in the US until 1 January 2048, the extended date of protection for works created before 1978 but first published between 1978 and 2003.  Note that this would only apply to words written by Anne Frank, but not additional creative contributions from her editors.

The issue of whether there were co-authors in the diary will not matter for US copyright protection until 1 January 2048 at the earliest.  I do not know enough about the law regarding co-authorship in the different countries of the EU to know if the arguments of the estate will hold up in any of those countries.

Peter Hirtle


-----Original Message-----
From: Robert Tiessen <[log in to unmask]>
Date: Thu, 26 Nov 2015 03:59:03 +0000

It doesn't matter what time of year you die, the term of copyright always expires on December 31.  So in this case Anne Frank's estate benefited by 11 extra months of copyright.

Rob Tiessen
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From: Ari Belenkiy <[log in to unmask]>
Date: Tue, 24 Nov 2015 22:16:48 -0800

I am a bit puzzled by the dates.

Anna Frank died in the camp in Jan 1945.

If we count 70 years, her diary should go public in Jan 2015, not in 2016.

Any legalities involved?

Ari Belenkiy