[OpenGLAM] French Public Domain Advocates calling for the voluntary release of Anne Franck Diary

[Angela Murphy]

Thanks for posting about this most interesting case. 

May I also ask the list for information about the present-day impact of the copyright provisions that were put in place regarding copyright in Germany following the end of the Second World War. I am not in the UK today so I cannot reference my sources but I recall researching the provisions for documentary images made during the war in Germany and learning that they had a particularly short term (10 years?) attached to them by a postwar directive. 

I have three questions:

1) Can anyone on the list enlighten me further on this provision ?
2) Does this apply also to images taken in countries under German rule during WW2 ?
3) How were these items/provisions affected by the Copyright Directive ? Are the treated as items whose copyright has been revived rather than extended ?

Thank you for your help

Angela Murphy

Sent from my iPad

> On 8 Oct 2015, at 06:51, Julia Maria Koszewska <julia.koszewska at gmail.com> wrote:
> 
> Thank you for this email and sharing with us the information on this case.
> 
> It might be interesting to collect all simmilar cases in one list and try to deal with them remembering of other cases - which might help every next one.
> 
> Just a few months ago in Poland we had dealt (legally) with a simmilar case. You might all be familiar with a heritage and biography of Janusz Korczak. And you might have all read/ heard the famous story that he went together with the children from his house for orphanages directly to the wagon and together with them hand-in-hand to the gas chamber in Treblinka German Nazi Camp where they have all perished. This has happened DURING World War2. This is the story that Whole World knows as it was also a motif taken to several films (read: popculture).
> BUT: the legal system in Poland (as simmilar in other countries) was that legal confirmation of death of person was dated by the date when the Polish court has issued a ruling that a given person for sure is dead. And if there were no documents stating such death, the court was interviewing the witnesses etc. But this all was also only after someone submited a petition to the court to recognize legally a death of a given person. Thus many of people who were killed during the Second World War but there were no documents issued immediatly to confirm their death have as date of death (the one in documents) that was after the end of World War 2.
> The case of Janusz Korczak was precisely this one. Killed in 1942 (the year which was even mentioned in printed encyclopedias as his date of his death, but not in his legal documents), but legally acknowledge death only in May 1946 (sic!).
> The Modern Poland Foundation - in which I have the honour to preside its advisory & supervisory council - have taken the case to the court asking for the change of the legally recognized date of death of Janusz Korczak. After detailed investigation (3 years long) of the case and listening to a few academic specialists the court ruling was in favour of our request and eventually legally recognized date of Janusz Korczak is August 7, 1942 - which is a day after he was last seen by witnesses, when he (together with the children) was embarked by the Nazis on Umschlagplatz in Warsaw's ghetto to the train departing to Treblinka death camp.
> After the court ruling recognizing his death in 1942, it also mean that all Korczak's writings are now in PUBLIC DOMAIN! (yuppi! ;) ) we have already published 8 of them online in our project Free Online Library "Wolne Lektury": http://wolnelektury.pl/katalog/autor/janusz-korczak/ (and the most recently published 8th one: http://wolnelektury.pl/katalog/lektura/prawidla-zycia/). You can read those texts in Polish online and/or download them in .pdf, .epub, mobi, fb2 or txt format for free.
> 
> So as you see, this case is a bit simmilar to the case of Anne Frank, who's writing is not yet in public domain. But it is something that might be changed.
> 
> If you wish to support our work on editing and publishing online other public domain texts in digital format, you can find the info on how to do it in the upper banner on the project's website: http://wolnelektury.pl/
> 
> [more info on this case:
> article in english: http://forward.com/news/breaking-news/217654/jewish-doctor-janusz-korczak-died-with-190-childre/ 
> text in Polish:https://nowoczesnapolska.org.pl/?s=korczak]
> 
> Also if you would be interested in another project run by our Foundation, which is the CopyCamp international conference "Understanding the Social Impacts of Copyright" that is taking place in Warsaw, Poland on 4th of November this year, we would be very happy to see you :)
>  More about this year's edition: http://copycamp.pl/en/
> 
> Best regards,
> Julia Maria Koszewska
> 
> ---------------------------------------------------------
> Julia Maria Koszewska
> http://julia.koszewska.eu/
> 
> 
>> From: open-glam [mailto:open-glam-bounces at lists.okfn.org] On Behalf Of Pierre Chrzanowski
>> Sent: Thursday, October 08, 2015 10:36 AM
>> To: open-glam at lists.okfn.org
>> Subject: [OpenGLAM] French Public Domain Advocates calling for the voluntary release of Anne Franck Diary
>> 
>>  
>> 
>> As this list may know, Anne Franck Diary will not enter PD in 2016 as it should according to the general legal framework.
>> 
>> http://scinfolex.com/2015/10/07/nous-rendons-le-journal-danne-frank-au-domaine-public-serez-vous-des-notres/
>> 
>>  
>> 
>> Anything happening in The Netherlands on this?
>> 
>> 
>> 
>>  
>> 
>> --
>> 
>> Pierre Chrzanowski
>> 
> 
> 
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