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US Copyright Law Forces Wikimedia To Remove the Diary of Anne Frank (wikimedia.org)

Today, the Wikimedia Foundation announced its removal of The Diary of Anne Frank from Wikisource, a digital library of free texts. According to the United States' Digital Millennium Copyright Act, works are protected for 95 years from the date of publication, meaning Wikimedia is not allowed to host a copy of the book before 2042. Rogers, the Legal Counsel for the Wikimedia Foundation, says this is just one of the many examples of the overreach of the United States' current copyright law. He goes on to say, "Our removal serves as an excellent example of why the law should be changed to prevent repeated extensions of copyright terms."

26 of 178 comments (clear)

  1. Re:it's by lgw · · Score: 3, Funny

    And before any googleclippers respond, "it has" doesn't fucking fit either.

    WTF is a googleclippers?

    Does TFA count as pre-Godwinning the thread?

    --
    Socialism: a lie told by totalitarians and believed by fools.
  2. Re:it's by cheesybagel · · Score: 3, Interesting

    I still remember when we were discussing in this very site how the then current copyright length of 80 years was ridiculous. Now its 95? Great.

    Your tax dollars at work here. Coz if I remember correctly revenue from so called 'intellectual property' to royalty lords (not necessarily authors) isn't taxed.

  3. Promotion of the useful arts by JoshuaZ · · Score: 5, Insightful

    This makes complete sense. The point of copyright is to make artists confident that they or their immediate heirs will be able to benefit from their works for a limited time. I'm sure that if Anne Frank knew that almost a century after her diary was written it would be available on a global network of electronic devices that hadn't been invented in her lifetime she would not have wrote the diary at all. I'm also sure that if her father had known that he would have definitely refused to publish it.

    1. Re:Promotion of the useful arts by JoshuaZ · · Score: 3, Insightful

      I think you may need to recalibrate your sarcasm detector.

    2. Re:Promotion of the useful arts by Sarten-X · · Score: 3, Interesting

      Chemistry, software engineering, and whatever led to these things.

      Pretty much, every field has the ability to create multimillionaire success stories, given the right combination of luck, inspiration, and hard work. Of course, it's more difficult to copy the chemistry of dynamite than it is to copy a written work, which is why we still know of Alfred Nobel's work, but very few know about Arthur Brooke, whose most famous work (if it was even his) predates the first copyright law.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    3. Re:Promotion of the useful arts by swb · · Score: 5, Insightful

      The problem seems to be that it's not really the artists pushing this, but the media empires that pushes the notion of perpetual, rent-seeking copyrights to shield business models.

      The artist gets trotted out as phony victim of limits on copyright, like a marionette, and we're supposed to feel sorry for them and let the media empires keep finding ways to control all intellectual property forever.

      In terms of performing artists, I think there's also a sense that they're being overcompensated for recordings -- basically a single performance. Historically, performers haven't made fortunes off narrow control of copyrighted material, they've been paid for performing. You strummed your lute at the Ye Olde Pub and collected some farthings. If you were lucky, you played for the court and got some gold coins.

      Whether this is a fair concept or not, it's kind of how performers have been rewarded financially for most of history. Material inventions like dynamite seem to be different than creative performances.

    4. Re:Promotion of the useful arts by JoeMerchant · · Score: 2

      On a less sarcastic note, I think that perpetual copyright can be a very good thing. Start with "free" copyright for 15 or 20 years, but then, if a work is profitable at that time, charge a nominal fee to extend the copyright for another 5 years - so, if something were written and copyrighted in 1995, it would be protected to say 2015, and if you're still making money on it - register an extension on the copyright, for a fee. You're making money on the work, obviously it's worth it. For works that aren't profitable, they become public domain within a reasonable time frame.

      So, to get to perpetual copyright and true value to society, every additional 5 year extension costs 5x as much as the one before it. $1000 for years 20-25, $5000 more to get to 30, $25,000 more to get to 35, $125,000 to get to 40, etc. If a work is still profitable at 70 years post-authorship, surely the benefactors should be sharing a significant portion ($2B) of the profits back to the society that protects their copyright?

    5. Re:Promotion of the useful arts by dryeo · · Score: 4, Interesting

      Right at the beginning of modern copyright, beginning of the 18th century, the publishers started on this thing about "for the artist" and even then they paid a tuppence for unlimited rights while going on about the starving artist.
      It was actually the unelected House of Lords that put their foot down, overrode the elected (bribed) House of Commons who were going to make copyright eternal and limited copyright to 14+14 years for the advancement of learning.
      When the first works fell out of copyright they went to the courts claiming copyright was a common law right. Luckily they lost that one.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  4. 1976 Copyright Act by PPH · · Score: 4, Informative

    But Anne Frank's Diary was published in 1947. Extending that copyright beyond the term in effect at the time it was published is a violation of the constitutional prohibition against ex post facto laws.

    But then, IANAL and the Supreme Court would probably be overruled by Mickey Mouse anyway.

    --
    Have gnu, will travel.
    1. Re:1976 Copyright Act by JoshuaZ · · Score: 3, Insightful

      Court already ruled essentially in Eldred https://en.wikipedia.org/wiki/Eldred_v._Ashcroft that copyright can make public domain works return to being copyrighted.

    2. Re:1976 Copyright Act by Qzukk · · Score: 3, Insightful

      It's long been held that "ex post facto" only considers what the law is at the time the government claims you broke it. That's how the government tends to ban things, by outlawing "possession" rather than sale or creation. If you bought something legally that the government then bans, if you are possessing it then you're breaking the possession law right now, and ex post facto does not apply.

      Therefore if you make a copy right now of some item whose copyright term was extended, you're breaking the current law right now.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:1976 Copyright Act by JoeMerchant · · Score: 4, Informative

      I think on the timeline of: A - Copyrighted, B - Copyright expired, C - Copyright extended by new law, violations of copyright between B and C are protected by ex post facto considerations, but copyright violations after time C are in violation of the law passed at that time, and therefore no longer ex post facto.

  5. small but significant detail. by Anonymous Coward · · Score: 4, Informative

    It is the Dutch version they removed. According to Dutch copyright it is in the public domain now. (70 years after the death of the author) Although, because is money to be made, this is also contested.

  6. What do you think of the show so far? by Hognoxious · · Score: 2

    she would not have wrote the diary at all.

    Possibly not, but it wouldn't stop Ernie Wise.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  7. God Damn It, Anne Frank by Greyfox · · Score: 2, Insightful
    You know who let their thing go to public domain? Hitler. Just sayin'...

    On an editorial note, I would not have read the Diary of Anne Frank had I not been forced to in school, and 30 years of alcohol abuse and Prozac has mostly wiped away most of the memories of the books I was forced to read in school. So if any of my past English teachers are reading, yeah, thanks for that. And also, Herman Melville just wrote all that shit about the whale because he liked to hear himself talk. There. I said it. So whatever. Anne Frank can keep her damn copyright for all I care, and for all the good it'll do her.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  8. this is not specific to the US by ooloorie · · Score: 4, Informative

    The Anne Frank foundation has been gold-digging in Europe as well: http://www.theguardian.com/boo... This is a world-wide problem, and European publishers, lobbyists, politicians, and authors are just as much to blame for this as Disney and their supporters in Congress, if not more so.

  9. Inherited Work by Roger+W+Moore · · Score: 5, Insightful

    This makes complete sense. The point of copyright is to make artists confident that they or their immediate heirs will be able to benefit from their works for a limited time.

    This does not make any sense at all. Why should the heirs of the artist be allowed to benefit from the artist's work? No other job provides benefits for heirs after the death of the worker unless that worker has saved some of their income and put it into a suitable savings vehicle.

    Artists should be recompensed under the same set of ideals. Copyright should be a fixed length regardless of the life of the author. This should be long enough that the creator will gain adequate recompense for the work but the current system is ridicuous. Why should a work created by an artist who dies immediately after creating it earn less than a similar work created by an artist who lives for 50 years after creating it?

    With fixed term copyright if the artist dies before the copyright expiration then, and only then, should the heirs inherit the copyright for the remaining term. If the copyright expires before the creator then either they can create more works or they can live off their savings. This is what everyone else has to do so why can't artists work under the same system?

    1. Re:Inherited Work by Anonymous Coward · · Score: 2, Insightful

      Why should the inheritance of intangible property be treated any differently?

      Because it is not property. It is merely a contract between the society and the artist.

  10. Re: it's by RDW · · Score: 5, Informative

    From what I understand, the diary as published wasn't written by Anne but by her father largely/loosely based on her diary.

    Your understanding is incorrect. There are two versions of the diary in Anne Frank's own handwriting - her original, and a more polished version she edited with a view to post-war publication. Otto Frank assembled the published book from both of Anne Frank's versions, excluding some passages but not adding new material. You can directly compare the three versions line by line in the original Dutch or in English translation in the Critical Editions published by the Netherlands Institute for War Documentation. The words are Anne Frank's, not her father's. He selected from the extant material, but did not re-write or invent.

  11. Pay up or die without reading it, then? by macraig · · Score: 2

    The events in the diary took place decades before I was born, yet I will likely die before I have a chance to read it unencumbered in the public domain? Yeah, that makes sense, especially when the motivation of the diary had nothing at all to do with profit in the first place.

  12. Re: it's by porksauce · · Score: 5, Informative

    It was her words, but there were some editorial decisions because: a) she actually wrote two versions, and b) there were some sexually explicit entries in her diary that got left out for the initial publication. Subsequent editions added some of the deleted parts back in. Those later editions are also called Diary of a Young Girl. Here's a good article about it.

  13. Re:it's by dryeo · · Score: 5, Funny

    95 years when the copyright is owned by a corporation IIRC, and face it, without that 95 year protection, Anne would never have written her diary due to lack of motivation.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  14. Re: it's by dryeo · · Score: 2

    Meanwhile, aren't asshole politicians using copyright music during their campaigning, even against the express desires of the artists?

    I heard one musician, think it was Randy Bachman, bitching because not only do they use his music (Taking Care of Business) without permission but then the campaign organization, who are responsible for all the shit that happens such as pirating music against the express wishes of the rights owner, goes bankrupt and is dissolved so there isn't even anyone to sue.
    One law for us and no law for them

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  15. Re:it's by trabby · · Score: 4, Informative

    Blame the mouse house. Disney keeps lobbying for extensions https://en.wikipedia.org/wiki/...

  16. Hogwash because of time value of money by Etherwalk · · Score: 2

    This makes complete sense. The point of copyright is to make artists confident that they or their immediate heirs will be able to benefit from their works for a limited time. I'm sure that if Anne Frank knew that almost a century after her diary was written it would be available on a global network of electronic devices that hadn't been invented in her lifetime she would not have wrote the diary at all. I'm also sure that if her father had known that he would have definitely refused to publish it.

    The 95-year copyright term is a joke. You say, "The point of copyright is to make artists confident that they or their immediate heirs will be able to benefit from their works for a limited time..." That's not correct. The point of copyright is to encourage creation by giving artists the ability to earn a return on their investment of time, effort, and sometimes money.

    But the time value of money means that almost all of the value of a work will occur within the first twenty to thirty years.

  17. Re:Wikimedia by dryeo · · Score: 2

    Under Dutch law and many other countries laws, it is public domain, or do you think that Anne Frank needs the money?

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism