a manuscript I wrote was submitted for publication by a co-author after the co-author removed my name from the byline. The paper was published. I own the registered copyright of the work but the journal refuses to investigate and remedy. When journals cover up for frauds where can one go? Where is the oversight of negligent journals/ How can we as scientists protect the published literature if the journals are complicit in covering up reported frauds? The ORI will not investigate journals.
Jane, Very strange case, but who was registered as the corresponding author? Best,
A different story which I witnessed. The editor of a reputed Journal in Mathematics refused to listen to my complaint that a certain paper published in his journal has more than 60% common with another paper published in a different journal and I had the evidence to show that the authors were aware of the original paper.
Is the journal part of a scientific society or other organization? If so, then there will usually be a publications committee to which you can appeal. Beyond that, you may have to threaten the journal and your former co-author with a lawsuit.
Either the case is really important for you then contact a lawyer in order to start a lawsuit. Thoroughly discuss with him what you are asking for and what are realistically your chances to gain satisfaction.. Or you are angry and disappointed because you have been fouled, but it does not really harm you, means causing obvious damage, then drop it, forget about it, overcome your disappointment and do not lose your precious time.
Get legal advice and then present your evidence to a professional association, especially if the association publishes the journal.
There are a couple of issues about who owns the copyright which depend on where you live. In the US, for example, Thompson Biotechnology Group would own the copyright unless they gave it to you and your co-author and whether the co-author violated the copyright transfer policy of the journal would depend on how it is worded. Registering the copyright protects you from others taking your work but I don't think it overrides the rights your employer or co-author have. Suing is difficult unless you can prove monetary loss and the publisher or more likely your co-author has money. You can contact the publisher as has been suggested. In many cases, "shaming" is the only response. I would contact Retraction Watch (www.retraction.com). They publish many stories of academic misdeeds.
In the United States, you do not need to register the copyright to own it. Registering might help in a lawsuit but it doesn't establish copyright. Is the situation different in other countries? Thank you.
It is a strange case. But from my personal knowledge I know of a case in which the Researchers Supervisor (Professor and Chairman) published the PhD thesis written by his student as a book. The Professor cited only his name as the single author of the book. Despite several letters and complaints by the student, no action was taken by the publisher of the book. These are Academic Scams which very few people understand.
Thank you all for your response to my question. I did in fact contact the publisher and the society that the journal belongs to and neither party wished to get involved or do anything. The Journal wished for me to get NYU to back me because they awarded me the Ph.D. and could support that this was my unique work. But NYU refuses to talk to me. ORI investigaated this case and they concluded that although it is tradition to allow the author of the Ph.D. thesis authorship of his or her own work in a peer reviewed published manuscript if the mentor takes full credit ORI does not consider this misconduct......unless the Ph.D. graduate can prove that ALL of the ideas within their dissertation are solely their own. If this is a requirement for publication credit in the form of authorship then both ORI and NYU might wish to publish this in their pollicies and bulletins.....but they do not. In any case even if it were published as a requirement to obtain authorship of one's thesis work ......how could anyone prove that ALL of the ideas of their dissertation were solely their own in the absence of videotaping and/or tape recording every conversation they ever had with their advisor? I think they would then have to transcribe the information exchanged in each conversation and force the advisor to sign off on it so that attributing credit for ideas is confirmed. Of course this would be impossible to implement. The ORI has created a seriously flawed policy that must be overturned....but since they refuse to publish this policy, the unfortunate Ph.D. graduate who has just had their work stolen will now have no recourse because ORI will stand by this unpublished decision. I have it in writing if anyone wishes a copy....but I strongly feel that this decision is flawed and requires amendment.
You have to inform the journal publisher of the authorship issue and to inform the readership of the issue as the paper has already been published asap.
I have informed the journal and the publisher. A very well known and allegedly reputable journal. They emailed me a letter from their attorney asking me to cease and desist from requesting that they investigate and cure because they consider it a form of harassment. Not sure where one goes when there is zero integrity and zero respect for integrity. Still seeking an answer.
Using their existing attorneys ('deep pockets") as a way to threaten you is fairly standard practice. I would not worry much about it because you would almost certainly win a SLAP lawsuit, forcing them to pay your own attorney fees in the process.
Besides legal action which will warrant lots of hassle, you could perhaps pass the word around that this journal is going against ethical procedures and this will forewarn other authors of the journal's reputation.
I wish I knew of a blog or website where I could post the information about this journal. I contacted COPE ...and organization that assists journals with ethics issues. They have a large membership but I do not know if they represent complainants in disputes against journals who do not abide by their standards. Waiting to hear back from them. It is too bad that there is not one organization in science that had the ability to oversee the corrupt journals.
does anyone know of a blog, organization or website that will accept information about journals that do not uphold integrity, institutions that refuse to investigate reported frauds? The ORI is useless and as an individual the journals and institutions will ignore complaints about misconduct in science.
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