The Haiku Foundation’s primary concerns regarding intellectual property rights are to ensure that all poets, artists and authors who make contributions on behalf of the Foundation receive due credit for their work, and retain control over how that work is to be dispersed in the future. We therefore provide this simple guide to what guarantees these contributors may expect from the Foundation.
You may expect that all content that appears under our domain (thehaikufoundation.org) does so by consent of the poets and artists whenever that is possible, and when that is not possible (as in the case of a deceased poet without literary executor), does so within our understanding of fair use (see below). All content that is generated by the Foundation is copyright © 2008-2019 by The Haiku Foundation. All rights reserved.
In accordance with the Berne Convention, your work is automatically copyrighted in your name by virtue of your having created it. You retain all rights to any of this work that appears on The Haiku Foundation website, or in other publications or presentations sponsored by the Foundation. If we have obtained your permission to feature your content in one context, such as our blog, and we wish to use it in another context, such as an anthology, we’ll ask your permission. No contributor content will be used for purposes of profit, though it may be used (with your permission) for fundraising activities of the Foundation.
All content offered by The Haiku Foundation is presented with the premise that all rights are reserved, and then returned to the owner(s) of those rights. We do not offer partial rights, as this would require individual contracts with every contributor to the Foundation, which is beyond our capacities of personnel and resources. Owners of these rights are free, of course, to feature their work in other contexts, such as their own blogs, under any rights arrangement that suits them.
Copyright and Fair Use
Fair use remains a grey area for literature, and no individual case of fair use is harder to determine than one relating to the reprinting of haiku. Until a definitive legal ruling under United States law is handed down, we will try to strike a balance between fair use and copyright.
You may send a Digital Millennium Copyright Act (DMCA) notice, a DMCA counter-notification, or any inquiries concerning intellectual property to The Haiku Foundation’s Copyright Agent.