Well, the LuLu agreement was different, and that's what I had researched:
By posting your Content on the site, you grant that Lulu, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Lulu may make minor modifications to the Content for technical reasons. Of course, Lulu will credit you and/or the original artist, and we will usually ask you first. You further agree that Lulu may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "Direct Access" or "Available only to me."
I'll admit that I haven't researched Createspace as closely, but Lulu has the "Available only to me" setting, which allowed you to upload and print a copy of your book without anyone ever being able to search for it, read it, excerpt it, buy it, anything. And once it was printed, you could withdraw it without any sign that it had ever been there. Therefore, I don't see how it is any different from taking my data stick over to Kinko's and printing out a copy there. In either case, I don't feel that printing a single copy for my personal use would constitute first publication; if I were to make several copies and start handing them out to family and friends, that would of course be a different case entirely.
Unfortunately, I can't find the link that I had where all of this was explained more eloquently. I rather suspect that it was in the NaNo forums somewhere.
It does sound as though the Createspace agreement is less writer-friendly, which is unfortunate. I think I'd rather go back to Lulu and pay them to print a copy.
And I agree that posting a novel on-line or in a blog counts as publishing, and also that money need not change hands in order for something to count as having been "published". But I think there can be ways for people to obtain a single nicely printed and bound copy of their work without giving up first publication rights.
EDIT: Okay, I went out and looked at the CreateSpace site, and found this info:
On Createspace, your book goes through a series of steps, including:
* Awaiting Proof Order: The files you uploaded have been reviewed and meet the submission specifications. You may order your proof copy at anytime.
* Proof Review: You have ordered a proof copy of your book. If your proof copy meets your complete satisfaction when you receive it, log in to your account and click the Approve Proof button. Your CreateSpace E-Store will immediately activate and your Amazon.com product detail page will become live usually within fifteen business days. You can also edit your title if necessary and order a new proof.
To me, this says that you could upload a copy of your novel, order a proof copy, and then just never go back and click on the Approve Proof button. The info never gets sent to Amazon, and the book is never offered for sale. We'd probably need a lawyer or other professional to give a final opinion, but I'd say that obtaining a proof copy and then deleting the book from Createspace's website would still be the same as printing at Kinko's. My unpaid, non-professional opinion, of course.
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timeasmymeasure
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Date: 2008-11-04 07:55 am (UTC)By posting your Content on the site, you grant that Lulu, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Lulu may make minor modifications to the Content for technical reasons. Of course, Lulu will credit you and/or the original artist, and we will usually ask you first. You further agree that Lulu may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "Direct Access" or "Available only to me."
I'll admit that I haven't researched Createspace as closely, but Lulu has the "Available only to me" setting, which allowed you to upload and print a copy of your book without anyone ever being able to search for it, read it, excerpt it, buy it, anything. And once it was printed, you could withdraw it without any sign that it had ever been there. Therefore, I don't see how it is any different from taking my data stick over to Kinko's and printing out a copy there. In either case, I don't feel that printing a single copy for my personal use would constitute first publication; if I were to make several copies and start handing them out to family and friends, that would of course be a different case entirely.
Unfortunately, I can't find the link that I had where all of this was explained more eloquently. I rather suspect that it was in the NaNo forums somewhere.
It does sound as though the Createspace agreement is less writer-friendly, which is unfortunate. I think I'd rather go back to Lulu and pay them to print a copy.
And I agree that posting a novel on-line or in a blog counts as publishing, and also that money need not change hands in order for something to count as having been "published". But I think there can be ways for people to obtain a single nicely printed and bound copy of their work without giving up first publication rights.
EDIT: Okay, I went out and looked at the CreateSpace site, and found this info:
On Createspace, your book goes through a series of steps, including:
* Awaiting Proof Order: The files you uploaded have been reviewed and meet the submission specifications. You may order your proof copy at anytime.
* Proof Review: You have ordered a proof copy of your book. If your proof copy meets your complete satisfaction when you receive it, log in to your account and click the Approve Proof button. Your CreateSpace E-Store will immediately activate and your Amazon.com product detail page will become live usually within fifteen business days. You can also edit your title if necessary and order a new proof.
To me, this says that you could upload a copy of your novel, order a proof copy, and then just never go back and click on the Approve Proof button. The info never gets sent to Amazon, and the book is never offered for sale. We'd probably need a lawyer or other professional to give a final opinion, but I'd say that obtaining a proof copy and then deleting the book from Createspace's website would still be the same as printing at Kinko's. My unpaid, non-professional opinion, of course.