Are copyrighted conference audiotapes considered "prior publication"?
Case text (Anonymised)
An editor received a query from an author: “Your guidelines are clear that presenting data at a society meeting does not preclude publication. But what if the society records the presentation, retains copyright of that recording, and posts it online? Is asking presenters to turn over copyright of a recording of data presented at a prepublication stage and disseminating the recording as they see fit crossing the "prior publication" line?”
Question(s) for the COPE Forum
• Are presentation audiotapes considered prior publication?
• If tapes are copyrighted, does that preclude publication?
Copyright laws are there to protect publishers and they cover only the presentation of something and not the underlying research or data. In the case of audiotapes, the organisation only owns the audio rights not the paper rights, so the editor should check the copyright that has previously been assigned. It is also possible that the audiotapes are behind a paywall for members only, so the distribution of the material might be very limited. There is a need, however, to seek legal advice in such cases and the editor should consult the legal department of the publisher if there is any question. Additionally, when a paper is presented, it is not generally presented in the same format as a scholarly paper submitted to a journal, so there might be significant differences between the audio and the written material, with the exception of the data presented. The main concern is duplicate publication; however, audiotapes are not generally considered primary sources for the purpose of reviews of the literature.
There is a similar situation with dissertations. Do poster presentations have the same copyright rules? Generally, previous presentations in the form of papers presented at a conference are allowed although there might be some text overlap with the abstract, which is usually all that is printed. In other situations, a published abstract in English might accompany an article written in another language, but with appropriate credits, a complete translation of that article might be appropriate for publication.
The parameters of prior publication are a journal decision. For example, journals can decide to publish papers arising out of a dissertation or an audit that has been circulated internally in an institution, but they should be transparent and disclose previous publication or copyright of any portion of the material. One view from the Forum was that copyright issues support paternalistic ideas of protecting people from something that has not been peer reviewed, and this might be an issue for certain disciplines. Another question journals might consider relates to their policies of issuing press releases. Some journals employ the Ingelfinger Rule and embargoes to preclude the spread of misinformation, particularly in research related to public health and safety.
The matter was resolved in the author’s favour. The association changed its policy requiring presenters to have presentations taped and to hand over copyright.