Paper B plagiarised paper A: what to do if a journal does not respond?

Case number: 
16-10

Case text (Anonymised)

The author X of a paper published by journal A complained to the editor-in-chief of journal A that his/her paper has been plagiarised by a paper that has been published later by journal B. Moreover, the authors of the paper in journal B allegedly did not respond to letters sent by author X asking for an explanation about the apparent plagiarism.

The editor-in-chief of journal A compared the two papers and confirmed the plagiarism. Then s/he tried to contact the editor-in-chief of journal B, but no response was received, even after several reminders. Similarly, no more successful were attempts by a representative of the publishing house of journal A to contact any representative of the publishing house of journal B.

Author X continues to ask what journal A (where his/her plagiarised paper has been published) can do for him/her. Journal A is considering publishing either an expression of concern or a ‘note of plagiarism’ on its paper that would inform the community that the paper in journal A has been plagiarised by a paper in journal B.

Question(s) for the COPE Forum
• Is journal A entitled to publish an expression of concern or ‘note of plagiarism’ in the absence of any reaction from the author/editor-in-chief/publisher of paper B?
• Can this expression of concern/note be published based only on the assessment of the editor-in-chief of journal A?
 

Advice: 

The Forum agreed that there is often little that the editor can do in these situations when another journal refuses to engage.

One suggestion was to contact the publisher of journal B if there is no response from the editor. The publisher should responsibility in these cases so escalating the issue to the publisher level should be considered. If journal B is a member of COPE, a complaint to COPE could be lodged. The editor could also consider contacting the institution of the author who had plagiarised the work.

There could be copyright issues here, with violation of copyright by journal B (if copyright was transferred to journal A by the author). Therefore, legal action could be considered.

There are instances where unscrupulous journals do not respond to these requests and in these circumstances the Forum would advise journal A to post a note on the paper. The note would also clarify which of the papers is plagiarised. The note should be worded in neutral terms. However, it is unlikely that author X would be satisfied with a note in journal A; he probably wants the paper removed from journal B. If journal A holds copyright to the plagiarised paper, then legal action may be the only option.
 

Resolution: 
On-going
Year: