Copyright and the Ethics of Scholarly Publishing

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Copyright!
and the Ethics
of Scholarly
Publishing!
Sara Rouhi!
Manager, Library Relations!
ACS Publications !
“… the first to publish a view or finding, not the first to discover it, tends to get most of the credit for the discovery.” (National Academy Press, “On Being a Scientist” 1995)
“If your research does not generate papers, it might just as well not have been done.” George Whitesides, Harvard
(G. Whitesides, Adv. Mater., 2004, 16, 1375)
Publishing ground-breaking, novel
research is essential to moving the
scientific enterprise forward as well as
securing degrees, promotions, tenure,
awards, and further publications…!
Publishing can never be at the
expense of scientific integrity…
•  Copyright!
•  Original works of authorship!
•  Tangible forms of expression!
•  ACS Journal Publishing Agreement!
•  Ethical Obligations!
•  Most common violations!
•  Case Studies!
•  How violations are uncovered!
•  Consequences!
•  Q&A!
© Benita Epstein
© Ted Goff
Something YOU created:
manuscript,
notes!
Section 102(a) of
Copyrightlab
Act:!
Copyright protection subsists… in
original works of authorship fixed in any
tangible medium of expression, now
known or later developed, from which
they can be perceived, reproduced, or
otherwise communicated, either directly
or with the aid of a machine or device.!
Section 102(a) of Copyright Act:!
Copyright protection subsists, …, in
original works of authorship fixed in any
tangible medium of expression, now
known or later developed, from which
they can be perceived, reproduced, or
otherwise communicated, either directly
or with the aid of a machine or device.!
Section 102(a) of Copyright Act:!
Copyright protection subsists, …, in
original works of authorship fixed in any
tangible medium of expression, now
known or later developed, from which
they can be perceived, reproduced, or
otherwise communicated, either directly
Concrete
forms or
of device.!
expressing
or with the aid
of a machine
your own ideas: writing on
paper or computer!
You can reproduce (make copies of)
You can
derivative
theprepare
copyrighted
work!works
You can
distribute
copies ofwork
the !
based
upon
the copyrighted
copyrighted
work tocopyrighted
the public by
You can display
sale images
or otherortransfer
ownership
!
graphsofpublicly
!
You automatically own
copyright
you
create
When
you when
submit
your
workan
for
original
work! copyright
publication,
you transfer
and related reuse rights to your
publisher.!
•  Copyright!
•  Original works of authorship!
•  Tangible forms of expression!
•  ACS Journal Publishing Agreement!
•  Ethical Obligations!
•  Most common violations!
•  Case Studies!
•  How violations are uncovered!
•  Consequences!
•  Q&A!
© Benita Epstein
•  Expands author rights!
•  Writing theses, teaching, conferences, posting on
website/repositories!
•  Clarifies author responsibilities!
•  Clearly defines use for 3 versions pf a manuscript
(submitted, accepted, and published)!
•  Extends key terms of use to all previously published
works!
•  Makes copyright transfer of Supporting Information
non-exclusive!
Authors (you) may use all or part of the
You
should secure
written
confirmation
(via
submitted,
accepted,
or published
work
letter
email)orfrom
the respective
ACS
in aorthesis
dissertation
that the
journal
to avoid
potential
conflicts
authoreditor(s)
writes and
is required
to submit
with
journal
publication/embargo
to
satisfy
the prior
criteria
of degree-granting
policies.
institutions.
http://pubs.acs.org
Authors may reuse figures, tables, artwork,
  the journal article is cited
illustrations, text extracts up to 400 words, and
data from the author’s submitted, accepted, or
  modifications to previously published data are
published work…for:
noted and
distinguished from any new data
1)  teaching
or training
2)  in presentations at conferences and seminars
  in
the
reuse is scholarly
not for illustration
3) 
subsequent
publicationsinofnews
which stories
they are
an author to the article
unrelated
4)  for posting on the author’s personal website,
university networks, or primary employer’s
  web posting is for non-commercial purposes
institutional websites, and conference websites.
“Authors may reuse figures, tables, artwork,
illustrations, text extracts up to 400 words, and
data from the author’s submitted, accepted, or
published work…for:
These
1)  teachingterms
or trainingvary by publisher, so
2)  insure
presentations
at conferences and seminars
be
to
check!
3)  in subsequent scholarly publications of which they are
an author
4)  for posting on the author’s personal website,
university networks, or primary employer’s
institutional websites, and conference websites.”
•  Copyright!
•  Original works of authorship!
•  Tangible forms of expression!
•  ACS Journal Publishing Agreement!
•  Ethical Obligations!
•  Most common violations!
•  Case Studies!
•  How violations are uncovered!
•  Consequences!
•  Q&A!
© Benita Epstein
Ethical ObligaAons of Authors   Present original research   Present an accurate account of the research performed   Present an objec/ve discussion of its significance   Make sure all coauthors are aware of the submission   Submit to only one journal at a :me   Disclose submission history of manuscript ACS Proprietary and Confidential!
www.acs.org!
  Acceptance of a code of conduct is an essential feature of
the chemical research endeavor !
  Guidelines outline desirable behavior and specifies obligations
of editors, authors, and reviewers to each other and to the
public!
  Observance of high ethical standards is vital to the scientific
enterprise!
http://pubs.acs.org/ethics !
• 
“I wrote it so it’s mine.” (Self-plagiarism) !
• 
“Conference? What conference?” (Prior publication)!
• 
“It’s called hedging.” (Submitting to multiple journals
at the same time)!
• 
“I just need the data to fit the paper.” (Data or Image
Fabrication, Manipulation, or Falsification)!
• 
“It’s an homage, right?” (Gift or Ghost Authorship)!
Science 24 May 2002: Vol 296 no. 5572 pp. 1376-1377
http://retractionwatch.wordpress.com/
•  Scientists (authors, editors, & reviewers)!
 
 
 
Have exceptional memories!
Access to Google, PubMed, SciFinder!
Access to software that detects plagiarism,
image manipulations, etc.!
•  Scientific community is watching and
policing itself!
 
Social Networking (blogs, Facebook, Twitter)
offer new means to question published works
in a very public forum!
•  Publishers using technology to identify
possible violators!
 
 
CrossCheck: compares text to published work!
Image checking software: (
http://www.jcb.org/cgi/doi/10.1083/jcb.
200406019)!
© S. Harris ScienceCartoonsPlus.com
Sanctions include: Ban on further
Your article could be rejected or
submissions to the journal where
retracted!
the violation occurred.!
One
incident
of ethical
violation
Editors
& Journals
may
elect to
impose
on authors who
can
havesanctions
serious consequences
!
have violated ethical guidelines. !
Notification of the institutions or
agencies that funded the
research!
After all, scientists are smart people!
<0.05%
This small number of retractions in ACS
journals is indicative of the rigorous peer
review process and robust interaction
of total
articles
published
perauthors,
year in ACS
journals from
between
ACS
editors,
reviewers,
2002 to 2011 were retracted.
and readers.
•  ACS Ethical Guidelines •  Commi@ee On Publishing Ethics (COPE) •  Scholarly Publishing Organiza:ons -­‐ Interna:onal Associa:on of Scien:fic, Technical, and Medical Publishers (STM) -­‐ Professional Scholarly Publishing (PSP) •  CrossCheck •  Ethical Guidelines to Publication of Chemical Research
http://pubs.acs.org/ethics!
•  ACS Journal Publishing Agreement
http://pubs.acs.org/copyright/journals/index.html!
•  “On Being a Scientist: Responsible Conduct in Research”; National Academy
Press, Wash., D.C., 1995
http://www.nap.edu/openbook.php?record_id=4917!
•  Office of Research Integrity, Office of Public Health and Science, U.S. Dept.
of Health and Human Services
(http://ori.dhhs.gov)!
•  Committee on Publication Ethics (COPE)
(http://publicationethics.org)!
Go to Centennial Science and
Engineering Library and meet your
chemistry librarian, Donna Cromer
•  To the physical space • 
• 
Books! CollaboraAve or Quiet Study Space! •  Or online! • 
• 
h@p://elibrary.unm.edu/csel h@p://libguides.unm.edu/chemistry • 
Chemistry Publishing and Open Access: h@p://libguides.unm.edu/aecontent.php?
pid=72931&sid=544192 Donna Cromer – dcromer@unm.edu • 
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