A journal published an article on a drug. They also accepted a letter questioning the method used for determination of particle size in the study. The author of the original article claimed that the image used in the letter was theirs and asked that the letter not be published.
It appears that the two authors used to collaborate. The journal was unable to verify who produced the image in question.
Questions for COPE Council
- Should the journal publish the accepted letter?
- Should it be accompanied with an editorial comment or a reply?
Advice on this case is from a small number of COPE Council Members. Most cases on the COPE website are presented to the COPE Forum where advice is offered by a wider group of COPE Members and COPE Council Members. Advice on individual cases is not formal COPE guidance.
The best approach, if possible, would simply be not to use the image. Given that the controversy seems to be about the image and who owns it, it would be appropriate to ask if there is another image they can include other than the one of questionable origin. At a minimum, someone who wishes to use an image in a publication must be able to provide documentation that demonstrates they have the right to do so. If the letter writer(s) cannot do that, the journal would appear to be putting itself in a very vulnerable position by publishing the image.
If the image was from research previously done jointly with the article author, this may be an authorship dispute about data ownership as well as a difference in data interpretation. If this is the case, the institution/s may need to be involved.
If the letter is based only on an image that truly belongs to the article author and permission is not given for the use of the data, then the letter cannot be published, and this might be a case of stolen data. This may then also point to data suppression/falsification by the article author, who may need to be invited to correct the article.
The journal may wish to update its policies regarding images. Some journals require that all figures must include a footnote stating that the figure (or picture) is original, what the source is, and if proper permissions have been granted.
An editorial comment may be necessary if the original author refuses to reply or permit using this image.