“On how to deal with Pandora’s Box – Copyright in works of Nazi leaders”.

Abstract

The question on how to deal with works that promote hate has resurfaced after Hitler’s “Mein Kampf” and Josef Goebbels’ diaries have entered the public domain in the beginning of 2015. While copyright still subsisted in these works, it was applied in two contrasting ways: On the one hand, it was applied as a tool to restrict access and dissemination like with “Mein Kampf” but was applied to generate income as seen with respect to the Goebbels diaries on the other. The chapter will trace the publishing history of Hitler’s “Mein Kampf” and how copyright law was applied in the different stages. It will then contrast this to the fate of Josef Goebbels’ diaries. After this historical account, it will look at how copyright law applies to such works more generally and address other regulatory responses, such as criminal law. Finally, it will assess the suitability of copyright to regulate these forms of works.