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European Court of Justice rules on free online access to Anne Frank diary
The Court of Justice of the European Union issued a binding ruling on 9 July that determines who may read the complete version of Anne Frank’s diary on the internet and from which EU member states. The decision resolves a dispute between the Anne Frank Foundation, which holds the copyright to the diary, and an academic association that posted a full, free edition of the original manuscripts online.
The court held that works that are in the public domain in one member state may be published there without restriction, but they must be blocked in any state where the work remains protected. This creates a precedent for geo‑blocking and the use of VPNs to circumvent national copyright rules, affecting digital libraries, archives, universities and cultural platforms across the 27 EU countries. While the standard diary is public domain throughout the EU since 2016, a more complete version containing additional fragments is still protected under Dutch law until after 2030. The free edition was originally hosted from Belgium, prompting the legal clash.
The ruling clarifies that real‑time technical barriers are required where the work is not yet in the public domain, shaping how cultural heritage materials are shared online within the EU.
Entities
Anne Frank · Anne Frank Foundation · Belgium · Court of Justice of the European Union · Netherlands