in 1963 Otto Frank established the Anne Frank Fonds as a charitable foundation under Swiss law . It was the only Anne Frank organisation he established. He made the organisation his sole heir. As such, the AFF inherited all copyrights of Anne and Otto Frank on his death. The Fonds’ task 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 the copyrights of the works of Anne Frank is used for educational or charitable projects. The AFF represents the personality 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 the Anne Frank Fonds’ permission. Rights must be granted before the texts may be used. Enquiries about these rights can be addressed to the AFF (mail). The AFF licenses rights around the world and supports, in particular, their use 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: one in 1947, edited by Otto Frank, and one in 1991, edited by Mirjam Pressler. Both works are protected and the AFF hold the copyrights.
No. It should not be assumed that the copyrights to Anne Frank’s Diary are due to expire in the near future, or that anyone will be free to use and publish the diary without permission from the Anne Frank Fonds.
The answer 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. Instead, as a result of the complicated history of the original versions of the diary, 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 terms of protection already running 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. The diary was first published in the US in the 1950s, which means it will remain protected until the 2040s.
The first published version of the diary was edited by Otto Frank shortly after the war from the two overlapping, but incomplete, versions of the diary left by Anne Frank. In all the countries that the Anne Frank Fonds took expert advice on this matter, it was confirmed that Otto Frank was entitled to his own copyright 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 Mirjam Pressler’s version. She died in 2019; thus the rights vested in her will last for an even longer period.
In summary, Anne Frank’s original writings, as well as the original in-print versions will remain protected for many decades to come.
As is the case for Otto Frank and Mirjam Pressler with regard to their respective editions, translators earn their own right to their translations. Depending on the country, rights to translations expire 50 or 70 years following the death of the translator. Most Diary versions published these days are translations of Mirjam Pressler’s 1991 version of the diary. Many translators are still alive and the rights to the translations concerned will last for at least a further 50 or, in some countries, 70 years.
All copyrights vested in Anne and Otto Frank were transferred to the Anne Frank Fonds 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 AFF shares the rights with many publishing houses.
The Anne Frank Fonds is a foundation under 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 AFF runs an office with three part-time employees and generally does not participate in project costs, which are all outsourced to publishing houses and, for example, TV and film producers. In the case of educational projects, the AFF becomes involved according to the by-laws 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 AFF pursues the proper use, with respect and integrity, of Anne Frank’s work. All income from these activities is used for charitable and educational purposes. Since the 1980s, when accusations about the diary being a forgery were levelled, the Anne Frank Fonds has increased its efforts to protect the diary. Even though these accusations were refuted by the German Federal Criminal Police Office (Bundeskriminalamt), they sadly still persist today.
The Anne Frank Fonds was entrusted by Otto Frank with ensuring that the proceeds of the copyrights of the Frank family, including those of Anne and Otto, are used for charity, good causes and educational projects around the world. In addition, the AFF has the task of safeguarding memory and legacy 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 by-laws of the foundation. As has been the case in the past, it will vigorously enforce its copyrights, if necessary.
Where infringements cannot be solved to the satisfaction of the Anne Frank Fonds, it will not hesitate to bring a case to the courts, if necessary. A cease-and-desist order will be served on the infringing party and compensation for damages, which can be significant, must be paid. In many countries this may include the AFF’s actual legal costs (i.e. the lawyers’ bill) and, in certain jurisdictions, statutory damages.
Together with Otto Frank, the Anne Frank Fonds has granted rights and licences to publishing houses, producers and other partners around the world. The AFF protects all rights with the particular aim of preserving a sensitive work with a high level of authenticity and integrity against destructive use. 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.
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, particularly in the field of education by providing subsidies, materials, and rights of use. In Frankfurt, the AFF established the Frank Family Centre together with the City of Frankfurt and the Jewish Museum of the City of Frankfurt. This is where the archives of the old Frankfurt families Frank, Elias, Stern and Kahn, who are all Anne Frank’s ancestors, are made accessible to the public. Otto intentionally only authorised one organisation to take care of the family’s heritage. Before he died, he determined that only the foundation in Basel disseminate and use the “Diary of Anne Frank” for educational purposes. As the sole heir, the AFF is the only owner of rights and license holder in the world. It is the foundation’s duty to fulfil the founder’s wishes as embodied in the by-laws.