What the diary of Anne Frank can tell us about Text and Data mining

Allegorie op de scheikunde
Copyright must not be used to thwart scientific research
Licentie

Recently, everybody has been busy discussing the question of whether the Diary of Anne Frank will enter (or by now, has entered) the public domain on January 1st this year (Answer: It’s complicated). Surprisingly, the discussions surrounding the copyright in Anne Frank’s writings may shed some light on another contentious copyright policy issue: text and data mining. These insights are the result of a recent ruling by the District Court of Amsterdam in dealing with a dispute between the Anne Frank Stichting (owner of the physical diaries and operator of the Anne Frank House in Amsterdam) and the Anne Frank Fonds (owner of the copyrights in Anne Frank’s writings).

The Anne Frank Stichting announced plans to publish an edition of Anne Frank’s texts online after the presumed expiration of the copyright on January 1, 2016. In response, the Anne Frank Fonds sued the Stichting over what it considered unauthorised reproductions of Anne Frank’s writings. The reproductions had been made by the Stichting as part of its preparatory research for the on-line publication after the new year. Initially, this seemed to be an attempt by the Fonds to thwart or delay the Stichting’s plans for an online edition.

However, during the course of the legal arguments it became clear that under Dutch law (which governs uses made by the Stichting), Anne Frank’s original writings would not enter the public domain in 2016. This is due to a transitional rule in the Dutch copyright act which states that works posthumously published before 1995 will retain copyright—in this case large parts of the original writings will only expire in 2037.

While this means that the Stichting had to shelve its plan to publish an online edition, the Fonds continued to press charges related to the reproductions (XML-TEI files) made by the Stichting in order to carry out its textual and historical research. The Stichting was sued alongside their research partner the Dutch Royal Academy of Science (KNAW). Both upheld the position that it did not require permission for making reproductions solely intended to enable its internal scholarship, claiming that copyright law should not be used to thwart scientific research. Continue reading

Invitation to Public Domain Day celebration in the European Parliament

Affiche Delftsche Slaolie
Celebrate Culture with us in the European Parliament
Licentie

Join us on January 25th in the European Parliament to celebrate Public Domain Day. This day falls on the first day of the new year and marks the term of copyright protection on creative works.

This new state for cultural works means that they are now free to be reused for new cultural, commercial, educational and innovative practices. During the lunch-event in the Members Salon we will talk about the value of the public domain in fostering Europe’s innovation capacities, by inviting creators to share how they use public domain works in their businesses and approach copyright.

Speakers include our host in the European Parliament Julia Reda (MEP, The Greens EFA – Germany), Alek Tarkowski (Director Centrum Cyfrowe), Paul Keller (Director Kennisland).

Please RSVP for this event to Lisette Kalshoven at lk@kl.nl

For more details please refer to the official invitation.

The Little Prince: almost in the Public Domain

This week is Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what’s at stake, and what we need to do to make sure that copyright promotes creativity and innovation. Today’s subject is the Public Domain.

Despite nearly 25 years of efforts to fully harmonise digital law in Europe, the road to a harmonised copyright system is certainly not a speedy highway. In fact, each Member State still has its own copyright system that applies within its own territory. One of the areas where this is most visible are the rules for determining when a particular work enters the public domain because the copyright term has expired.

The Little Prince 6th Antoine de Saint-Exupéry was killed in 1944, during a flight over the Mediterranean Sea. “The Little Prince”, his best-known book, is the third most popular novel in the world, translated into over 250 languages over more than 600 translations. More than 80 million copies have been printed. If you know a bit about the rules for determining when a work goes out of copyright, we can assume that on 1st January 2015 “The Little Prince” became part of the public domain. This is because in France copyright lasts for 70 years after the death of the author. And since Saint-Exupéry died in 1944, this would put “The Little Prince” into the public domain in France.

However, the harmonization of the duration of copyright is not uniform. In France, works of authors who died for France during the First and Second World Wars benefit from additional copyright protection. Copyright for works created by these authors is extended for an additional 30 years to compensate for the losses and difficulties in the commercial exploitation of their works during the war.

Beginning this year, “The Little Prince” is in the public domain almost everywhere in Europe. But in France, the novel will pass into the public domain sometime between 1 May 2033 and 1 January 2045, depending on your interpretations of the rules! Interestingly, Canadians have been freely using “The Little Prince” for the last 20 years, as copyright expires there 50 years after the death of the creator.

The French exception may seem surprising to you, but it’s not an outlier. There are multiple other such exceptions present in various European countries. When such irregularities are combined with inconsistent terminology within the European Directives (not to mention differences in the ways the Directives are implemented at the national level) along with unreliable information on the dates of death of the authors, we see we’re a long way from sensible harmonization of copyright law across Europe.

Fortunately, there is good news: establishing a single European framework that enables cross-border flow of products and services is one of the priorities of Jean-Claude Juncker, the newly elected President of the European Commission. The recent report by MEP Julia Reda on the evaluation of the Copyright Directive (2001/29/EC), and tweets made by Commisioner Oettinger and Vice-President Ansip about the need of new copyright rules, are all hopefully signs of coming change. We hope that we’ll be able to report about it during Copyright Week 2016.

(Paul Keller wrote about “The Little Prince” and the public domain on this blog in 2012).

Calculating the Public Domain

Many people recognise the value of works which are in the public domain and may even be familiar with many initiatives that provide access to public domain works (such as the Internet Archive, Wikimedia Commons, Project Gutenberg, etc). Yet, many people do not have a very clear conception of what the public domain is or why it is important.

New digital technologies make it possible for the public to access a vast quantity of cultural and historical material. Much of this material is in the public domain, and ongoing digitisation efforts mean that much more public domain material (in which copyright has expired) will be made available for the public to enjoy, share, and reuse.

However, it is often difficult to determine whether a work has entered the public domain in any given jurisdiction, because the terms of copyright protection differ from country to country. And  people are sometimes unclear about what can or cannot be done with works in the public domain. Copyright laws are complicated, and for the layperson it may not be clear how they apply in relation to a specific work. Though there are many international and multinational copyright agreements and copyright organisations, the exact details of copyright law vary from one country to another. Different countries have different legal systems and traditions – and copyright laws reflect these differences. Hence, given that works enter the public domain under different circumstances depending on the country, oftentimes the status of an individual work cannot be universally established. Rather, it needs to be evaluated on a case-by-case basis for every jurisdiction.

In order to make public domain determinations a less daunting task, the Open Knowledge Foundation has been working on the development of the Public Domain Calculators (http://publicdomain.okfn.org/calculators/) – a tool that enables people to determine the copyright status of a work (in the public domain, or not), thus helping users realize the value of artworks from the past.

Continue reading

Commission announces public consultation on the review of EU copyright rules

Last week Thursday the European Commission launched its much anticipated public consultation on the review of the EU copyright rules. This consultation is the first visible sign of the second track of the Commission’s attempt to modernise the EU rules (the first track consisted of the rather unsuccessful Licenses for Europe stakeholder dialogue). In the words of the Commission the focus of the consultation is on:

… ensuring that the EU copyright regulatory framework stays fit for purpose in the digital environment to support creation and innovation, tap the full potential of the Single Market, foster growth and investment in our economy and promote cultural diversity.

With regards to the contents of the consultation, a first reading reveals a mixed bag of questions, with a surprising amount of them actually touching on issues that are closely related to our own policy recommendations. The consultation comes in the form of a 37 page document with a grand total of 80 questions that cover everything from the functioning of the single market for copyrighted works, linking and browsing, copyright term duration, registration of copyrighted works and exceptions and limitations for cultural heritage institutions, education, research, persons with disabilities and “user generated content”. In addition, there are questions about private copying and levies, the fair remuneration of authors and performers, respect for rights, and even the possibility of a single EU copyright title. Finally there is an open question for everything else that stakeholders might want to tell the Commission.

The deadline for providing answers to all of these questions is the 5th of February, which if one takes into account the upcoming holiday period is rather short.Continue reading

Happy Public Domain Day

On this day, 1st of January 2013, we do not only celebrate the beginning of a new year, but we also celebrate the whole variety of works, knowledge and information that, by entering the public domain, have become freely available to the world.

Given the limited term of protection granted by copyright law, a large number of works – whose authors died several decades ago – can no longer be owned by anyone and their use can no longer be constrained. They have become part of the common pool of knowledge that constitutes our cultural heritage and that can be freely used by everyone and for any purpose.

Continue reading

The Little Prince and the Public Domain

so it’s the time of the year again where lists of authors who’s works will enter into the public domain on the 1st of january are compiled left and right. Generally these efforts work like this: you start a list of authors who have died in in the year ending 70 years ago (1942) and then compile them into a list and rank them by whatever criterion you wish to apply (notability, specific nationality, etc..).

While this seems rather straightforward it seems like a good opportunity to recall the underlying complexities of calculating copyright term duration: If you have a fast internet connection and a big screen, you may want to take a look at this 25 MB pdf, which depicts the decision trees for 30 european jurisdictions that power the public domain calculators on www.outofcopyright.eu.

The interesting thing about this PDF is not how complex it is in absolute terms, but rather that the subject matter depicted is supposed is something that the EU considers to be ‘harmonized’ (by the 2006 copyright term directive). As you can easily tell by glancing at the image above, copyright duration in the EU is anything but harmonised. In fact, as Christiana Angelopoulos, who compiled the information contained in the pdf, argues in a new paper, we are dealing with 27 different public domains for the 27 member states of the EU. Continue reading

The hangover after Public Domain Day…

This post by Lucie Guibault was first published on the Kluwer Copyright Blog and is reproduced here with kind permission of the author.

The New Year’s festivities are just behind us and with these the celebrations around Public Domain Day 2012 that took place in different cities in and outside Europe (Warsaw, Zurich, Turin, Rome, Haifa etc.).

2012 brings with it the joy of using James Joyce’s masterpieces without asking the estate for prior authorization (which more often than not met with a ‘no’ for an answer!). No one needs to be afraid of using the works of Virginia Woolf any longer! And the fans of Arsène Lupin, the French ‘gentleman burglar’, are now able to borrow – for good! – the ideas of its author, Maurice Leblanc. The works of several music composers are also free for reuse, including those of Frank Bridge and Johan Wagenaar.

The Public Domain Day IS important and SHOULD be celebrated annually, for it gives us the occasion to reflect on the significance of works of past authors and to measure the wealth of our common knowledge and culture. But unlike the New Year’s celebrations, however, those of the Public Domain Day do not attract much attention among the general public. Festivities of this sort are usually low-key, taking place in libraries, universities or cafés and gathering only the selected few of the well informed and culturally savvy.

Any cramped optimism concerning the public domain is further discouraged by the fact that the term of protection for copyright and related rights is 1) highly unharmonized across jurisdictions and 2) still being strechted beyond recognition through constant legislative action.

As an illustration of the first point, let me mention the case of world famous writer Ernest Hemingway (1899-1961) whose works have fallen into the public domain two days ago in Canada, but neither in his home country, the United States, or in Europe, where copyright lasts for the life of the author + 70 years.

In Europe, the calculation of the term of protection for copyright and related rights is rendered particularly complex due to the lack of proper harmonisation of the governing rules in EU jurisdictions. Although the adoption of the EC Term Directive was an attempt to alleviate disparities between the Member States, harmonisation gaps persist. As a result, the composition of the public domain will differ depending on the country in which protection is sought, as works fall out of copyright on different dates in different EU jurisdictions. This effect is illustrated in the Public Domain Calculators by the need for separate calculators, giving upon occasion very different results, for each of the 30 jurisdictions covered, including the 27, ostensibly harmonised, EU Member States.

In relation to the second point, 2012 will inevitably see the first pieces of national legislation emerge in the EU Member States towards the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. Through this statutory amendment only sound recordings published or communicated to the public before 1941 will be free for use. In practical terms, this means that none, not even the early recordings, of Maria Callas will be available for re-use without prior authorization of the record company holding the rights.

Finally, the march towards term extension does not seem to have reached its limit if one only takes a look at the clauses contained in bilateral and mulilateral trade agreements currently negotiated by the United States. Article 4.5 of the Trans-Pacific Partnership, for example, would bring the copyright term of protection of signatory countries up to the American (and European) level, as has been the case in the past in the context of bilateral agreements (with Australia and many countries of Central and South America, to name but these).

These are very sobering thoughts indeed! If the alcohol fumes of the New Year’s party still had any effect, one could even be tempted, for simplicity’s sake, to just make copyright protection perpetual…

Coming up: Public Domain Day 2012

Every January a growing number of people throughout the world gathers to celebrate the new year. But not for the usual reasons. They meet because every January 1st the works of authors who had died decades before – typically, seventy years before – enter the public domain, that is, their copyright protection expires. Why a celebration for such an apparently technical reason? Because as the new years starts, the works of those selected authors have finally reached the state to which all culture is headed since the earliest times. I am talking of the state that automatically allows any human being to sing, play, translate, summarize, adapt what other human beings have thought before them. Wish to produce a big print edition of your favorite poetry? Now you can. Fancy to translate into Sicilian dialect a play you love? Now you can. Possessed by the desire to illustrate, manga style, the ideas of your preferred political scientist? Now you can. Longing to publish a more correct version of a score riddled with typos that the publisher never cared to correct? Now you can.

Public Domain Day 2012In principle, all the above activities are perfectly possible even before the expiration of copyright. On condition, however, that one asks for permission the copyright owner (assuming that it can be located: let’s ignore here the huge problem of the so-called “orphan works”) and pays whatever is requested. Noting that very often the copyright owner is not the author (or his/her descendants), but a for-profit publishing house.

Consequently, many activities do not take place because either the copyright owner does not like the idea (no manga, for instance), or because the wannabe new author cannot afford to pay what is requested by the copyright owner.

Such restrictions, introduced, in their modern form, about three centuries ago to provide – for the common good – incentives to authors, now last an unprecedented seventy years (in Europe and in many other countries) after the death of the authors.

A shockingly long time, that an increasing number of scholars, NGO’s (among them the COMMUNIA association) and citizens are asking to reduce. To know more about the current debate on copyright reform and the role of the public domain, see for instance the Public Domain Manifesto, or check out the OKF’s Working Group on the Public Domain.

But as we work towards copyright reform, every January people who care about the public domain get together and welcome the works of a new batch of authors. In recent years, public domain day celebrations have taken place in cities throughout the world, from Zurich to Warsaw, from Torino to Haifa, from Rome to Berlin. The volunteer-staffed website publicdomainday.org provides an information hub for such celebrations.

The celebrations typically take place in libraries, universities or cafés. People read – or sometimes perform – the work of the new authors. It is often a moving experience, as great men and women from the time of our grand (and grand-grand) fathers come back to life under our affectionate gaze.

During the month of January 2012 people will gather again. Celebrations have already been announced in, among other places, Warsaw, Zurich, Torino and Rome. We hope that others will follow the example. Welcoming the works of some of our great writers, musicians, painters, poets, journalists, scholars is a most gratifying way to start the new year and also a great way to enhance the knowledge of our common cultural roots.

Public Domain Day 2012

Every January a growing number of people throughout the world gathers to celebrate the new year. But not for the usual reasons. They meet because every January 1st the works of authors who had died decades before – typically, seventy years before – enter the public domain, that is, their copyright protection expires. Why a celebration for such apparently technical reason? Because as the new years starts, the works of those selected authors have finally reached the state to which all culture is headed since the earliest times. I am talking of the state that automatically allows any human being to sing, play, translate, summarize, adapt what other human beings have thought before them. Wish to produce a big print edition of your favorite poetry? Now you can. Fancy to translate into Sicilian dialect a play you love? Now you can. Possessed by the desire to illustrate, manga style, the ideas of your preferred political scientist? Now you can. Longing to publish a more correct version of a score riddled with typos that the publisher never cared to correct? Now you can.

In principle, all the above activities are perfectly possible even before the expiration of copyright. On condition, however, that one asks for permission the copyright owner (assuming that it can be located: let’s ignore here the huge problem of the so-called “orphan works”) and pays whatever is requested. Noting that very often the copyright owner is not the author (or his/her descendants), but a for-profit publishing house.

Consequently, many activities do not take place because either the copyright owner does not like the idea (no manga, for instance), or because the wannabe new author cannot afford to pay what is requested by the copyright owner.

Such restrictions, introduced, in their modern form, about three centuries ago to provide – for the common good – incentives to authors, now last an unprecedented seventy years (in Europe and in many other countries) after the death of the authors.

A shockingly long time, that an increasing number of scholars, NGO’s (among them the COMMUNIA association) and citizens are asking to reduce. To know more about the current debate on copyright reform and the role of the public domain, see for instance the Public Domain Manifesto.

But as we work towards copyright reform, every January people who care about the public domain get together and welcome the works of a new batch of authors. In recent years, public domain day celebrations have taken place in cities throughout the world, from Zurich to Warsaw, from Torino to Haifa, from Rome to Berlin. The volunteer-staffed website publicdomainday.org provides an information hub for such celebrations.

The celebrations typically take place in libraries, universities or cafés. People read – or sometimes perform – the work of the new authors. It is often a moving experience, as great men and women from the time of our grand (and grand-grand) fathers come back to life under our affectionate gaze.

During the month of January 2012 people will gather again. Celebrations have already been announced in, among other places, Warsaw, Zurich, Torino and Rome. We hope that others will follow the example. Welcoming the works of some of our great writers, musicians, painters, poets, journalists, scholars is a most gratifying way to start the new year and also a great way to enhance the knowledge of our common cultural roots.