In the case of DRK Photo vs John Wiley & Sons Inc. in the U.S. District Court for the District of Arizona Judge Frederick J. Martone denied the defendant’s motion to seal circulation information for 40 titles that were part of the complaint.
Publishing houses typically argue that the actual circulation of a particular title is a “trade secret,” and that it would damage their businesses if such information were made public. Image suppliers base their fees on the number of copies printed, but have no way to determine if the information supplied by the publisher is accurate.
The court found that “While defendant contends the list contains trade secrets, it fails to show how the information, if made public, can cause harm. Defendant has failed to show good cause, or a compelling interest, to shield this exhibit from the public. Accordingly, it is ORDERED DENYING defendant's Motion to Seal.”
In three of the 40 titles involved Wiley actually printed more copies in the first print run than they licensed rights to print. The company licensed rights to print a combined total of 1,622,000 copies of the 40 titles, but actually printed 4,379,805 and sold 3,492,833 copies. In every case the company printed more copies than they had licensed rights to print. However, in 8 of the cases the number actually sold was less than the number licensed to print.
Typically an invoice specifies a maximum print run for a certain fee (except in the case of Getty Images which offers unlimited printing for the fees they charge). Publishers normally give away a significant number of books and seldom are able to sell 100% of the copies they print.
It is hoped that this decision will make it easier for image suppliers to get actual circulation figures from the publishers they work with, but it seems likely that all publishers will continue to fight to keep circulation figures secret. Unless several judges in other jurisdictions choose to follow Arizona’s lead it seems likely that it will continue to be very difficult to get actual circulation figures from publishers.
The following is a list of the titles and their print runs. The numbers do not include any CD's or electronic uses of the material that was connected to the titles.
| |
Print Limit |
First Run |
|
Print Books |
Sales Units |
| Allen Lab Manual (2) |
40,000 |
12,722 |
|
66,869 |
58,651 |
| Beran Chemistry (6) |
15,000 |
7,912 |
|
46,226 |
38,689 |
| Beran Chemistry (7) |
10,000 |
10,080 |
|
50,043 |
43,601 |
| Boyer Biochem (3) |
20,000 |
7,170 |
|
30,484 |
25,640 |
| Brady Chemistry (3) |
20,000 |
14,896 |
|
209,127 |
81,458 |
| Brown Organic Chemistry (3) |
30,000 |
5,832 |
|
52,700 |
48,323 |
| Cutnell Physics (5) |
50,000 |
44,450 |
|
203,688 |
162,679 |
| Grosvenor Nutrition (1) |
40,000 |
9,805 |
|
47,687 |
24,613 |
| Halliday Physics (6) |
100,000 |
26,116 |
|
627,639 |
577,152 |
| Halliday Physics (8) |
100,000 |
19,276 |
|
429,269 |
294,803 |
| Hein Chemistry (11) |
65,000 |
9,874 |
|
80,279 |
65,756 |
| Hein Chemistry (12) |
50,000 |
10,296 |
|
80,362 |
63,894 |
| Holum Chemistry (6) |
15,000 |
15,319 |
|
36,674 |
31,838 |
| Huffman Psychology (6) |
25,000 |
20,024 |
|
80,094 |
60,465 |
| Huffman Psychology (7) |
40,000 |
33,872 |
|
103,848 |
82,047 |
| Huffman Psychology (8) |
75,000 |
29,715 |
|
89,823 |
69,822 |
| Karp Cell (4) |
40,000 |
15,389 |
|
58,089 |
46,937 |
| Karp Cell (5) |
40,000 |
19,784 |
|
66,310 |
51,069 |
| Kowalski Psychology (4) |
20,000 |
12,448 |
|
26,794 |
18,774 |
| Malone Chemistry (6) |
20,000 |
10,120 |
|
34,312 |
26,844 |
| Marsh Landscape (4) |
5,000 |
5,229 |
|
7,788 |
6,441 |
| Pervin Personality (9) |
20,000 |
6,012 |
|
29,931 |
20,758 |
| Pratt Essential Biochemistry (1) |
30,000 |
10,206 |
|
31,254 |
21,468 |
| Pruitt Bioinquiry (3) |
15,000 |
12,688 |
|
22,418 |
14,064 |
| Raven Environment (4) |
30,000 |
15,150 |
|
46,284 |
36,615 |
| Solomons Organic (10) |
40,000 |
10,068 |
|
58,868 |
29,262 |
| Solomons Organic (9) |
40,000 |
26,867 |
|
137,434 |
116,148 |
| Solomons Organic (8) |
40,000 |
19,440 |
|
114,453 |
69,927 |
| Strahler Science (2) |
15,000 |
9,900 |
|
28,127 |
21,492 |
| Tortora IHB (6) |
30,000 |
9,776 |
|
62,804 |
50,900 |
| Tortora IHB (7) |
40,000 |
13,818 |
|
59,609 |
49,915 |
| Tortora PAP (10) |
100,000 |
57,481 |
|
364,943 |
337,882 |
| Tortora PAP (11) |
100,000 |
66,091 |
|
353,794 |
318,093 |
| Tortora PHA (10) |
40,000 |
16,340 |
|
51,533 |
40,288 |
| Tortora PHA (2) |
30,000 |
14,674 |
|
53,511 |
44,707 |
| Tortora PHA (9) |
42,000 |
19,988 |
|
53,912 |
41,675 |
| Trefil Physics (1) |
10,000 |
9,889 |
|
20,502 |
13,485 |
| Voet Biochemistry (3) |
40,000 |
7,036 |
|
89,338 |
69,997 |
| Voet Fundamentals Biochemistry (2) |
40,000 |
14,527 |
|
57,708 |
39,393 |
| Tortora PAP (12) |
100,000 |
44,762 |
|
315,277 |
277,328 |
| |
|
|
|
|
|
| |
1,622,000 |
725,042 |
|
4,379,805 |
3,492,893 |