Otto Frank established the Anne Frank Fonds as a Swiss foundation in 1963. It was the only foundation he ever established in his daughter's name. He made the organisation his sole heir. As such, the foundation inherited all copyrights of Anne and Otto Frank when Otto Frank deceased. The task of the foundation is, among other things, to represent the legacy and the family, and to make the diaries and works by Anne Frank accessible to the general public. All income from copyrights to the works of Anne Frank is used for educational or charitable projects. The AFF represents the personal rights of the Frank family and, together with the surviving family members, acts as an advocate for a family that was almost totally exterminated in the Shoah.
No, not without permission from the Anne Frank Fonds. Rights of use must be granted before the texts may be processed or used. Enquiries about such rights can be addressed to the Anne Frank Fonds (info@annefrank.ch) in writing. The Anne Frank Fonds licenses rights around the world and supports, in particular, the use of the texts for educational purposes.
It goes without saying that copyrights to Anne Frank’s original texts originally belonged to the author, Anne Frank herself. Two versions of the diary have been published as a reading book: one in 1947, compiled by Otto Frank, and one in 1991, compiled by Mirjam Pressler. These publications consist of adaptations by Otto Frank and Mirjam Pressler, respectively. Both works are protected and the AFF holds the copyrights.
No. It should not be assumed that the copyrights to the Diary of Anne Frank are due to expire in the near future or that anyone will be free to use the texts and publish the diary without permission from the Anne Frank Fonds.
The answer to this question varies from country to country. As copyright law is determined at a national level, each country has its own rules as regards the term of protection.
It is important to note that, in most countries, the general rule for the period of protection, namely the author’s (i.e. Anne Frank’s) lifetime, plus 50 or 70 years, does not apply to the diary. Instead, as a result of the complicated history of the original versions of the diary and its in-print versions, exceptions to the main rule apply.
Even within Europe where legislation has been adopted at a European level in the form of a directive aiming to harmonize the term of copyright protection across the continent, differences still exist. This is because the directive specifically requires the European countries to maintain any already running terms of protection that extend beyond the general term prescribed in the directive.
As a consequence, in Spain for instance, where a term of protection longer than the one prescribed by the directive applied to the diary, the longer term remains applicable.
Furthermore, in many countries within the EU and elsewhere, it was stipulated that a term of 50 years of protection for works first published posthumously would only start at the date of first publication. As Anne Frank’s original writings were first published in the 1980s, they will remain protected for many decades.
The United States have a very different way of calculating the term of protection of works first published between the 1920s and 1970s: they are simply protected for 95 years from the date of their first publication. As the diary was first published in the USA in the 1950s, it will remain protected there until the 2040s.
The in-print version of the diary was compiled by Otto Frank shortly after the Second World War from the two overlapping, but incomplete, versions of the diary left by Anne Frank. In all the countries the Anne Frank Fonds surveyed on this matter, experts confirmed that Otto Frank earned his own copyright to his compilation which will last for at least a further 50 or, in many countries, 70 years from the time of his death in 1980. The same applies to the author Mirjam Pressler who did the same as Otto Frank and who died in 2019, which means that the rights vested in her will apply for even longer.
To summarise, Anne Frank's original writings, as well as the original in-print versions will remain protected for many decades.
As is the case for Otto Frank and Mirjam Pressler with regard to their respective compilations, translators earn their own right to their translation. Depending on the country, rights to translations expire 50 or 70 years after the death of the translator. In most countries, in-print versions are translations of Mirjam Pressler's 1991 version of the diary. Many of the translators are still alive and the rights to the translations concerned will last for at least a further 50 years, and, in some countries, 70 years.
All copyrights vested in Anne and Otto Frank were transferred to the AFF Basel in 1980 following the death of Otto Frank. The rights to the original texts, to the adaptations by Otto Frank and Mirjam Pressler, and to other adaptations are the property of the foundation. In the case of translations, the Anne Frank Fonds shares the rights with a large number of publishing houses.
The Anne Frank Fonds is a foundation under to Swiss law and supervision. The operative Board of Trustees serves in an honorary capacity and some of the partners and legal advisers work pro bono publico. The Anne Frank Fonds runs a small office with three part-time employees and generally does not participate in project costs of projects, which are all outsourced to publishing houses and, for example, TV and film producers. In the case of educational projects, the Anne Frank Fonds becomes involved according to the objectives of the foundation. The aim and purpose of the Anne Frank Fonds is to disseminate the diary as a basis for educational work in the spirit of the founder. By actively protecting the copyrights, the Anne Frank Fonds pursues the authentic use, with respect and integrity, of Anne Frank's work. All income from these activities is used for charitable and educational purposes and for the administrative costs of the foundation. Since the 1980s, when accusations about the diary being inauthentic were levelled, the Anne Frank Fonds has increased its endeavours to protect the diary. Although these accusations were refuted by the German Crime Commission, they still persist today.
Otto Frank entrusted the Anne Frank Fonds with ensuring that the proceeds of the copyrights of the Frank family, including those of Anne and of Otto, are used for charity, good causes, and educational projects around the world. In addition, the Anne Frank Fonds has the task of safeguarding legacy and memory of the Frank family, as well as the authenticity of work using the writings of Anne Frank. The foundation intends to continue to fulfil Otto Frank's wishes as formulated in the purpose of the foundation. The AFF will vigorously enforce its copyrights, if necessary, as has been the case in the past.
Where infringements cannot be solved by means of dialogue and reason, the Anne Frank Fonds takes legal action to protect its rights. The AFF will not hesitate to bring a case to the courts, if this becomes necessary. Whoever is found to have infringed its rights will have to cease the infringing activities immediately, to compensate for damages – which the Anne Frank Fonds will pass on to charity – and, in many countries, to compensate the Anne Frank Fonds for the actual legal costs (i.e. the lawyers’ fees), which may be considerable. Furthermore, in certain jurisdictions, such as the United States, copyright infringers may be liable to pay statutory damages, which may amount to up to USD150.000 per infringement.
Together with Otto Frank, the Anne Frank Fonds has allocated rights and licences to publishing houses, producers, and other partners around the world. The Anne Frank Fonds protects allocated and existing rights with the particular aim of preserving a fragile work with a high level of authenticity and integrity against destructive use. In addition, the rule of law regulates the protection of property. The AFF generally takes action against infringements.
You can apply for a licence here.
The Anne Frank Fonds advises applicants and also helps clarify the issue of copyright, use of material from the archives, processing of family stories, and the use of photos and documents. Obtaining this information is free of charge
Indeed, there are many private institutions around the world in cities such as Amsterdam, London, Berlin, Frankfurt, and New York. The Anne Frank Fonds works in close partnership with many of them, in particular in the field of education by providing subsidies, materials, and rights of use. In Frankfurt, the foundation recently established the Frank Family Centre together with the City of Frankfurt and the Jewish Museum of the City of Frankfurt. This is where, in future, the archives of the old Frankfurt families Frank, Elias, Stern and Kahn families, who are all Anne Frank's ancestors, will be made accessible to the public. At the same time, Otto intentionally only authorised one organisation to take care of the family's heritage and to disseminate the works, and before he died he determined that only the foundation in Basel would disseminate and use the “Diary of Anne Frank” for educational purposes. As the sole heir, the AFF is the only owner of rights and licence holder in the world. The foundation is obliged to carry out its duties in the sense of founder and by-law.