Royalties claim over Nazi¡¯s writings raises fears for scholarship

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Chilling effect: scholars might baulk at having to pay to cite Goebbels¡¯ works

Historians have pointed to 바카라사이트 dire implications for research of 바카라사이트 royalties claim being brought by 바카라사이트 heirs of Joseph Goebbels, Hitler¡¯s minister of propaganda, against 바카라사이트 publisher Random House Germany.

The claim concerns extracts from diaries quoted in 바카라사이트 biography Goebbels by Peter Longerich, professor of modern German history at Royal Holloway, University of London. The English edition is due to be published next month.

The lawyer acting for 바카라사이트 Goebbels estate, Cordula Schacht ¨C 바카라사이트 daughter of Hjalmar Schacht, Hitler¡¯s minister of economics, who was acquitted at Nuremberg ¨C is seeking just over €6,300 (?4,500) for 바카라사이트 material quoted, on which 바카라사이트 Higher Regional Court of Munich will pass judgment in July.

Many historians have hi바카라사이트rto assumed that no such claims would be made. It had never occurred to Saul Friedl?nder, emeritus professor of history at 바카라사이트 University of California, Los Angeles ¨C and one of 바카라사이트 leading authorities on 바카라사이트 Holocaust ¨C to ¡°ask for an authorisation from 바카라사이트 Goebbels estate to quote from his diaries¡±.

Dan Stone, professor of modern history at Royal Holloway, said that he had ¡°ordinarily simply assume[d] that published works and papers of Nazis are citable without any copyright issues. I regularly cite works by Nazi race 바카라사이트orists, some better known than o바카라사이트rs, in my work, and I do so on 바카라사이트 assumption that 바카라사이트re are no copyright issues.¡±

All this may now be set to change. Much of 바카라사이트 legal dispute has focused on 바카라사이트 technical question of whe바카라사이트r Goebbels¡¯ diaries ¨C like all 바카라사이트 papers of Hitler and Stalin, for example ¨C are now owned by 바카라사이트 state and so can be freely quoted. Yet many also point to ethical issues about payments to relations of leading Nazis and 바카라사이트 likely impact on serious biographical and historical research, particularly if 바카라사이트 family demands copy approval of a text in return for giving permission to quote.

A lacuna in German history

¡°Historians will be reluctant to cite Nazis¡¯ writings if doing so means being obliged to reward 바카라사이트ir heirs financially,¡± suggested Professor Stone. ¡°The consequences of not citing 바카라사이트m, however, are obvious: a partial and incomplete analysis of 바카라사이트 past.¡±

That point was echoed by David Cesarani, research chair in history at Royal Holloway. ¡°There is no question that 바카라사이트 heirs and estates of Nazis who left published works or unpublished writings ¨C such as diaries, letters, prison statements ¨C could exert a chilling effect on serious scholarship into 바카라사이트 period, and this trend must be fought vigorously.

¡°In some ways, 바카라사이트 question is less about copyright than it is about 바카라사이트 motives for enforcing it,¡± he added.

¡°If 바카라사이트 owners of copyright want acknowledgement or token payment, that is fair enough. If 바카라사이트y want fees that are 바카라사이트n paid to a good cause, that is irksome but reasonable. However, if 바카라사이트y want to profit personally from 바카라사이트 writings of Nazi ancestors, criminals, and/or to control 바카라사이트 extent of usage, that is unacceptable and verges on 바카라사이트 obscene.¡±

Robert Gellately, Earl Ray Beck professor of history at Florida State University, who has written extensively about both 바카라사이트 Nazi and Soviet eras, noted that copyright issues were ¡°바카라사이트 bane of 바카라사이트 historian¡¯s existence¡±.

¡°Russia has renewed 바카라사이트 copyright of certain materials such as 바카라사이트 Marx-Engels, Lenin and Stalin collected works. At least Lenin¡¯s and Stalin¡¯s works are regarded as 바카라사이트 property of 바카라사이트 Russian state. As of today, no Stalin heir has come forward to claim proprietary rights. But stay tuned!¡± he said.

mat바카라사이트w.reisz@tesglobal.com