I, JONATHAN PETER RILEY, of 27 Wright's Lane, London W8 5TZ MAKE OATH AND SAY as follows:
1. I am Executive Editor of Penguin Books Limited ("Penguin"), publishers and have held that position since 1 January 1991. I have been employed by Penguin since 1985.
2. Now produced and shown to me marked "JPR 1" are copies of statements prepared by Penguin setting out the sales figures and royalty rates for Jonathan Glover's book Causing Death and Saving Lives in respect of the first five years of its publication, which can be summarised as follows:
| Year | Price £ | Sales | Royalties £ |
| 1977 July-Dec | 1.25 | 4778 | 447.94 |
| 1978 Jan-June | 1.25 | 653 | 61.22 |
| 1978 July-Dec | 1.25 | 1083 | 101.53 |
| 1979 Jan-June | 1.25 | -33 | -3.09 |
| 1.50 | 684 | 76.95 | |
| 1979 July-Dec | 1.50 | 895 | 100.69 |
| 1980 Jan-June | 1.50 | -65 | -7.31 |
| 1980 July-Dec | 1.50 | -4 | -0.45 |
| 2.25 | 994 | 167.74 | |
| 1981 Jan-June | 2.25 | 253 | 42.70 |
| 1981 July-Dec | 2.25 | 1727 | 291.43 |
| 1982 Jan-June | 2.25 | 693 | 116.94 |
| Total Royalties | 1396.29 |
| Year | Price £ | Sales | Royalties £ |
| 1977 | 1.25 | 1490 | 139.68 |
| 1978 Jan-June | 1.25 | 1322 | 123.93 |
| 3.95 | 1836 | 226.14 | |
| 1978 July-Dec | 1.25 | 775 | 72.65 |
| 2.50 | -1 | -0.08 | |
| 3.95 | 2915 | 382.21 | |
| 1979 Jan-June | 1.25 | 163 | 15.21 |
| 1.50 | 385 | 43.31 | |
| 3.95 | 351 | 42.23 | |
| 1979 July-Dec | 1.50 | 491 | 55.25 |
| 3.95 | 1174 | 127.65 | |
| 1980 Jan-June | 1.50 | 234 | 26.33 |
| 2.95 | -3 | -0.23 | |
| 3.70 | 1 | 0.09 | |
| 3.95 | 1583 | 167.51 | |
| 1980 July-Dec | 1.50 | -93 | -9.12 |
| 2.25 | 29 | 4.90 | |
| 3.95 | 1015 | 100.44 | |
| 1981 Jan-June | 2.25 | 497 | 83.87 |
| 3.95 | -191 | -14.51 | |
| 4.65 | 1 | 0.14 | |
| 4.70 | 1 | 0.15 | |
| 4.95 | 1594 | 162.80 | |
| 1981 July-Dec | 2.25 | 324 | 43.75 |
| 2.50 | -3 | -0.25 | |
| 2.95 | -2 | -0.19 | |
| 3.95 | -167 | -21.51 | |
| 4.95 | 1155 | 192.25 | |
| 1982 Jan-June | 2.25 | 481 | 64.94 |
| 3.95 | -33 | -4.40 | |
| 4.95 | 1374 | 192.72 | |
| Total Royalties | £3614.15 |
3. Causing Death and Saving Lives is by far the most successful of the books that Penguin has published for Jonathan Glover. What sort of people should there be?, dealing with eugenics and cloning, was published in 1983 in paperback only and sold 9,300 copies before going out of print. I: the philosophy and psychology of personal identity was published in 1988 in hardback, and in 1989 in paperback. It has sold 2000 copies in hardback and about 4000 copies in paperback to date. His first book Responsibility was published in 1970, but not by Penguin.
4. Penguin publishes both paperback and hardback books. The royalty rates for hardback books are calculated on the book's published price for books sold in the UK and on the book's net receipts for books exported overseas: the standard percentage applied by Penguin is 10% of the published retail price of books sold in the UK, and 10% of the publisher's net receipts in respect of books exported overseas. The royalty rates for paperback books are calculated on the book's published retail price in respect of books sold in the UK and those exported overseas: the standard royalty paid by Penguin is 7.5 % of the published retail price of books sold in the UK and 6% of the published retail price of books exported. The precise relationship between royalties calculated on published retail price and those calculated on net receipts varies enormously depending upon the discounts on sales; on a very rough calculation, a royalty of 7.5 % of published retail price might approximate a royalty of 10% on net receipts. Different royalty rates may be negotiated between author and publisher, particularly in circumstances where the author has an established reputation aud is valued by the publisher.
5. ln negotiating royalty rates for both hardback and paperback books, it is possible for the author and publisher to agree that a higher royalty rate will apply once a certain number of sales have been achieved. This kind of arrangement is characteristically made where Penguin wishes to attract or retain a valued author. The arrangement will usually also include a small reprint clause to provide that the royalty rate will decrease if sales decrease and the book is then reprinted in small quantities at a lower royalty. In 1985, Penguin's standard form contract did not contain a provision allowing for increasing royalty rates.
6. I do not believe that an average royalty figure of 11.5 % of net receipts on sales of hardback books is unusually low.
7. Penguin usually takes one year after receiving the typescript to effect publication of a book.
Sworn by JONATHAN PETER RILEY in Kensington, London W8, 21st June 1991
Go to Malcolm's Statement of Claim, to the Case History, to the Affidavits: Ivon Asquith (1); Asquith (2); Henry Hardy; William Shaw (solicitor) (1); Sir Roger Elliott (1); Margaret Goodall; to the Witness Statements: Elliott; Hardy; Richard Charkin; Nicola Bion; Goodall, to the courtroom testimony of the Oxford Six, 14/3/1990: Elliott; Goodall; Bion; Asquith; Charkin; Hardy, to the testimony of Andrew Malcolm 13/3/1990, to the CHANCERY COURT JUDGMENT, to the Cambridge package and the Adrasteia package, to the publishing contract affidavits: Giles Gordon (1); Mark Le Fanu, to the APPEAL COURT JUDGMENT, to the damages affidavits: Alan Ryan; Asquith (3); Jeremy Mynott; Giles Gordon (2); Fred Nolan; Roy Edgley, to McGregor on Royalties (transcript), to the DAMAGES FINDINGS, and to the Settlement agreement.
Return to the Malcolm vs. Oxford I (1984-92) Index, to the Malcolm vs. Oxford II (2001-02) Index, to the blurb for Making Names, to its reviews, to The Remedy, or to the SITE INDEX.