Thursday, April 26, 2007

Fertility and Sterility to retract Cha paper

Californiastemcellreport announced the plans of Fertility & Sterility to retract the paper authored by Cha.

See also text on the-scientist.

***

The original author of the KSOG/KJOG piece, JeongHwan Kim, wrote IPBiz:

I wonder whether FS understands the difference between plagiarism and duplication.
I want to know why FS decided not to reveal the first author of the original. It sounds like SH Lee wrote both and I was simply one of "other authors" in KJOG piece.
I want to know why FS wouldn't cross-link two articles to compare.
I want to know whether we still need to declare re our responsibility as authors before submission to FS.

Kim's first point is interesting, in that the instructions to authors in Fertility & Sterility (FS) suggest the answer might be "no," because a discussion of plagiarism appears under the section on duplicate publication. from Fertility & Sterility -->

DUPLICATE PUBLICATION

All papers that are submitted must report unpublished work and cannot be under consideration for publication elsewhere. If a manuscript contains more than 200 words of previously published text or if previously published figures or tables are submitted, written permission must be obtained from the holder of the copyright. Copies of permission letters must be submitted with the original manuscript. Material that is published without permission from the copyright holder will be considered duplicate publication, which is a serious offense.

Previously published material can be cited in a manuscript, but it must be indicated by quotation marks. If more than 200 words from a previously published manuscript appear in a manuscript that is submitted as an original work and if this material is not indicated with quotation marks, the material will be considered to be plagiarized. Plagiarism is also a serious offense.


IPBiz notes that, in a nutshell, Fertility and Sterility believes one can plagiarize oneself. That is, if authors A, B, and C publish in KJOG, and then authors A, B, and C publish in FS, the publication in FS is plagiarism.

Dr. Kim is raising an issue of old-fashioned plagiarism, wherein authors A, B, and C publish the work of author X in FS without giving credit to author X.

This brings up another interesting point.

The guidelines for Fertility & Sterility mention:

Original papers, contributed solely to Fertility and Sterility® and limited to the fields of fertility, sterility, or the physiology of reproduction, will be considered for publication. Authors are advised to keep a copy of all manuscripts submitted.

(...)

In an accompanying letter, authors should state that the material contained in the manuscript has not been published, has not been submitted, or is not being submitted elsewhere for publication.

(...)
Prior to publishing, the author(s) must sign and return the "Assignment of Copyright and Financial Subsidy Disclosure Form."


It is not clear from these instructions that Fertility & Sterility requires each author of the submission to state that each author named has contributed to the work in the paper. It is not clear from these instructions that Fertility & Sterility requires each author of the submission to state that no contributor has been omitted. (ie, that there are no unnamed authors; note that the instruction says "original work," but does not say "original work by the named authors.") It is also not clear that Fertility & Sterility requires a statement that each author has actually read the submitted manuscript, an absence that would be totally distinct from practice at the USPTO, which requires a declaration from EACH named inventor. [see also commentary by LBE in 88 JPTOS 239, which indicates that the journal Science does not have a requirement that each named author reads the submitted manuscript.]

See also

http://ipbiz.blogspot.com/2007/04/fertility-and-sterility-does-not-make.html

***
An attempt was made to post the following on californiastemcellreport:

If one visits the website for Fertility & Sterility, one will find the following under DUPLICATE PUBLICATION:

All papers that are submitted must report unpublished work and cannot be under consideration for publication elsewhere. If a manuscript contains more than 200 words of previously published text or if previously published figures or tables are submitted, written permission must be obtained from the holder of the copyright. Copies of permission letters must be submitted with the original manuscript. Material that is published without permission from the copyright holder will be considered duplicate publication, which is a serious offense.

Previously published material can be cited in a manuscript, but it must be indicated by quotation marks. If more than 200 words from a previously published manuscript appear in a manuscript that is submitted as an original work and if this material is not indicated with quotation marks, the material will be considered to be plagiarized. Plagiarism is also a serious offense.


As noted on IPBiz, the second paragraph would indicate that the Fertility & Sterility guidelines on DUPLICATE PUBLICATION show that the use of "more than 200 words from a previously published manuscript" without enclosure by quotation marks is plagiarism. It would seem that Fertility & Sterility considers self-plagiarism to be plagiarism. Whether or not any individual thinks "you can (or cannot) plagiarize yourself," it is the rules provided by Fertility & Sterility that control submissions made to Fertility & Sterility.

Separately, as pointed out on IPBiz, plagiarism and copyright infringement are two different matters.

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