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13,084 Views 7 Replies Last post: Oct 19, 2011 3:36 PM by Guitarpoet RSS
Level 0 26 posts since
Apr 28, 2011
Currently Being Moderated

Oct 19, 2011 12:49 PM

Do I own the rights to my novel?

My accountant just asked me if I retained the rights to my book, The Kismet Blade, when I signed on with CS. I had to go back and read the agreement again, and now I'm not sure - again. The legalese on the matter seems a bit cloudy to this layman. For those of you with experience in this arena, can I sell the film rights to my book without dealing with CS or Amazon? Thanks for any clarification.

 

Terry

Level 2 530 posts since
Aug 12, 2008
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1. Oct 19, 2011 12:54 PM in response to: Guitarpoet
Re: Do I own the rights to my novel?

Yes. There is no question that you own the rights. The only thing you do not own, if you got CS's ISBN, is the right to that number. CreateSpace only has bought the NON-exclusive right to print and sell the book, but the copyright remains YOURS.  

Level 5 19,560 posts since
Sep 5, 2009
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2. Oct 19, 2011 1:12 PM in response to: Bruce
Re: Do I own the rights to my novel?

In addition to the free ISBN, the Custom ISBN ($10) also cannot be used with a different printer.

 

Walton

Level 5 15,793 posts since
Mar 8, 2009
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4. Oct 19, 2011 2:53 PM in response to: Guitarpoet
Re: Do I own the rights to my novel?

Bowker is the company in the US that issues ISBNs to people and companies that want to publish. If you are using a free CS ISBN than that means that CS is the publisher of record within the Bowker Books-In-Print catalog that they put out every year. As I understand it the listing is good for a single year and the catalogs only go to bookstores listed with Bowkers (I may be wrong on this count). While CS may be listed as the publisher of record YOU are in reality the publisher and CS is only the company providing the printing. If you bought an ISBN from Bowker then you would be listed as the publisher of record and CS would still only be your print company.

 

YOU own all copyrights and CS owns nothing except the ISBN.

 

Seal

Level 5 19,560 posts since
Sep 5, 2009
Currently Being Moderated
5. Oct 19, 2011 2:54 PM in response to: Guitarpoet
Re: Do I own the rights to my novel?

You own your book. You can do anything you want with it.  Working with CS does not alter that, except:

If you use CS's free or Custom ISBN ($10), you may not have the book printed elsewhere with either of those ISBNs.

 

The ISBN is a unique numeric identifier that associates the book, it's title, physical description, author, and publisher. With either of the two aforementioned ISBNs, CS is identified as the publisher of record.  (You may not say anywhere in your book "Published by CreateSpace," although you may say "Printed by CreateSpace.") CS owns those two types of ISBN's.  Change ISBNs and you could have the book printed elsewhere.

 

You own every right and subsidiary right for your book; but if you use CS to print your book, you will have granted CS:

nonexclusive license, during the term of this Agreement, to (a) create  digital versions of Content you provide in nondigital format; (b) create  a digitized version of the Content that we will use to create a Unit  (each, a "Source File") and, if applicable (for music and video only), a nearly lossless digital file (a "Future-Proof Archive File" )  using your Content; (c) with respect to Books, print, publish,  distribute and sell you Book through the CreateSpace E-stores, the  Amazon Properties and other sales channels, (d) reformat, reproduce, and  distribute your Content through the CreateSpace E-Stores, the Amazon  Properties, and other sales channels in digital form on physical media,  (e) reformat for online delivery, reproduce and distribute your Content  through the Amazon Properties in digital form via Amazon Video On Demand  or Amazon MP3, as applicable, subject to content usage rules that are  in accordance with Section 6.2 below; (f) create Promotional Clips from  your video and audio Content, provided that we will only create  Promotional Clips upon your request for Titles not distributed through  Amazon Video On Demand or Amazon MP3; (g) distribute, display, transmit,  perform and use the Promotional Clips (if any) and the Descriptive  Materials for promotional purposes; and (h) create Packaging Materials  from the Descriptive Materials. https://www.createspace.com/Help/Rights/MemberAgreement.jsp


 

Walton

Mechanics & Punctuation, free, 20 page guide to   everything punctuation  Build Your   Book, a free, 98 page guide to designing your book;  CS Digital understand CS   digital possibilities; GIMP, free, tutorials, GIMP, GIMP Help, excerpts from GIMP Supremacy Supremacy;  Bleeds, free, 19 page, illustrated guide to bleeds and   margins, do's and don't's for CreateSpace;  Contact for graphics, design, and typesetting help.  Disclaimer: all statements of apparent fact in   this post are empirical inferences based on observational data. These are idiosyncratic in nature and have   not necessarily been subject to verification


Level 5 15,709 posts since
May 4, 2008
Currently Being Moderated
6. Oct 19, 2011 3:15 PM in response to: Guitarpoet
Re: Do I own the rights to my novel?

The ISBN is actually a seperate issue when discussing your rights to your work when it comes to self-publishing. Every version of your book requires a different ISBN, and depending on how you obtain your ISBNs, each printer/distributor may also need a separate ISBN. The issuer of the ISBN is not the right-holder to your work. Traditional publishing houses and vanity presses are the exception.

 

When you create an account at CS with the intent to produce your book here, you give CS a non-exclusive license to print and distribute your book, and pay you any royalties earned on those sales. CS is not your publisher -- you are. You do not sign a written contract with CS, and there is no lock-in period.

 

Self-publisher services like CS, Lulu etc never take over your rights to your work. Traditional publishing houses and vanity presses on the other hand do want exclusive rights to your work and you must study the written contract very carefully before signing anything. These contracts may contain clauses regarding extract right, film optioning, audiobooks, etc...

 

Michelle

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