Lulu is Getting Pushy

 
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Theresa M. Moore




Joined: 04 Jun 2006
Posts: 1691

PostPosted: Thu Jul 10, 2008 1:24 pm    Post subject: Lulu is Getting Pushy Reply with quote

This morning I received an email from the distro people at Lulu stating that if I wanted to use Createspace as a secondary publishing venue for one of my books, I would have to retire it from Lulu first. I am the publisher, and I own the ISBN. I purchased it through the Published by You package, in which I hold all the rights to publish. For Lulu to tell me where and when to print my books and place them is the height of insult. I am sick and tired of Lulu telling me what to do with my books. Other authors have been perfectly free to put their books into CreateSpace, and I have bent over backwards in defending Lulu to its detractors. Maybe the detractors are right. Mad

Lulu is getting pushy beyond all reason, and if I am forced to pull this book out of Lulu, I will pull all the rest of my titles. Then I will shop my books to CreateSpace, anyway, and Lulu won't see another cent out of me. Does Lulu want that, or will it admit that it made a huge mistake? In any case, I feel I will have the right to sue for restraint of trade. Mad
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Dawson Vosburg




Joined: 02 Jan 2008
Posts: 474

PostPosted: Thu Jul 10, 2008 2:05 pm    Post subject: Reply with quote

WHAT?!?!?! THAT IS IMPOSSIBLE.

I was recently on a conversation with Live Help and they said it was entirely allowed to have your content on CreateSpace.

I'm with you. If I can't do CreateSpace, then I have lost my way into bookstores! This is ridiculous.
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Elmore Hammes
Lulu Master
Lulu Master



Joined: 24 Nov 2003
Posts: 5111

PostPosted: Thu Jul 10, 2008 2:07 pm    Post subject: Reply with quote

Dawson Vosburg wrote:
WHAT?!?!?! THAT IS IMPOSSIBLE.

I was recently on a conversation with Live Help and they said it was entirely allowed to have your content on CreateSpace.

I'm with you. If I can't do CreateSpace, then I have lost my way into bookstores! This is ridiculous.


Um... CreateSpace doesn't get you listed in bookstores, only in Amazon. Although with them as with Lulu you could potentially buy copies and sell directly to retail bookstores.

In any case, this topic has been escalated for response from the distribution team.
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Anne-Marie
Lulu Staff



Joined: 21 Nov 2006
Posts: 29

PostPosted: Thu Jul 10, 2008 2:16 pm    Post subject: Reply with quote

Hi guys,

You can always set up your book at a different print-on-demand company if you own the ISBN (such as if you purchased Published by You). Nothing has changed, it has always been this way.

But when you do this, whether it be at CreateSpace or other POD companies, they contact Lulu for our permission. We can only grant them permission once we remove your book from our distribution channels (by asking the author to retire it) to prevent bibliographic data conflict and inconsistent file handling.
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Theresa M. Moore




Joined: 04 Jun 2006
Posts: 1691

PostPosted: Thu Jul 10, 2008 3:17 pm    Post subject: Reply with quote

No. They are the same stupid files from the same stupid PDFs; therefore there are no content creation issues. By retiring the title from Lulu distribution it is seen as EXACTLY the same as removing it from publication and any distribution channels I PAID FOR. Lulu has no exclusivity, and CreateSpace made a mistake in asking Lulu for "permission". For the distro people to assume incorrectly that the exclusive right to publish rests with them, they are acknowledging that the intent to sell a distribution package was made with that thought in mind. I have already had issues with listing my books on Google where I have had to tell Lulu that I own all the rights to the books and they need to relinquish all control over the publishing rights. I did not even know that a conflict in that area existed until I tried to list them. Google kindly referred me to Lulu to resolve that issue.

I refer you to http://www.mbbp.com/resources/iptech/publishing_legal.html for the clear language on a publisher's rights and the author's rights. If you think I am upset, you have seen nothing yet.
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Dawson Vosburg




Joined: 02 Jan 2008
Posts: 474

PostPosted: Thu Jul 10, 2008 4:28 pm    Post subject: Reply with quote

I must agree with TM. We own the rights! one of the founding ideas of POD is that THE AUTHOR RETAINS ALL RIGHTS!!!!!!
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Adam
Lulu Staff



Joined: 02 Feb 2006
Posts: 2520

PostPosted: Thu Jul 10, 2008 4:39 pm    Post subject: Reply with quote

TM Moore,

By purchasing a Published by Lulu distribution package you agree to the terms and conditions in the Published By You License Agreement. As it relates to the following issue:

Published By You License Agreement wrote:

Lulu, on behalf of you, the publisher, will be the sole source of bibliographic data on your book. Lulu will feed data to the U.S. ISBN Agency as well as to Bowker's Books In Print ® and other industry databases. The data will identify you as the publisher.


By purchasing a PBY service, Lulu manages the bibliographic information associated to your book. As Anne-Marie already stated, you are free to terminate this agreement and use another publisher, but you cannot use PBY with another publisher that manages a bibliographic feed on the same book due to the restrictions we have outlined.

I am locking this thread as I believe we've taken this as far as is necessary. If you have further questions or need assistance please contact customer service.

Regards,
Adam
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