Plagiarism in a book title

Case number:
12-25

Case Audio:
Audio

Case text (Anonymised)

We received a complaint of plagiarism by Dr A concerning a book that has just been published. This case is ongoing since January 2012.

Authors B and C published a new, very extended edition (+1000 pages), on a topic that previously was covered in part in an English book by author B (published in 2006). Part of this book was based on a German book published back in 1993 by Dr A and author B. The English book was taken off the market by the publisher because of alleged "plagiarism" by author B. The publisher apologized to author B for this withdrawal which seemed to have been a mistake (but there is no written documentation on this). Copyright of this book was transferred to author B. Dr A has made a complaint of plagiarism for this book too. Copyright of the German book was transferred to both authors (Dr A and author B). It is therefore unclear what exactly has been plagiarized (in the 2006 book and the revised edition).

As the publisher, we sought two independent reviews. Unfortunately, the publisher asked the authors to come up with the names of the “independent” reviews, so we are a little hesitant to rely on both reviews. However, the reviews are respected scientists, and both state that “similarity is inevitable because of the involvement from the same author (author B) and overlap in the topic treated. It is also clear that the book is not based on new material, but it brings together existing material in a presentable form, but has a different formulation form and interpretation of material”.

Authors B and C mention that they have included all appropriate quotes/references to the previous book. Dr A has received parts of the text for review, and the authors have been willing from the start to rewrite anything that comes close to the original text of Dr A, should there be any similarity.

The lawyer, hired by author B, informed all parties, based on both reviews, that this is not a case of plagiarism. Dr A in the meantime has also hired a lawyer because he is not in agreement. So far we have not heard anything from this lawyer. Dr A now requests a statement from publisher on the case.

We believe there are strong personal issues at work here. With books, there is no editor-in-chief that can investigate the case or make a decision with help of his editorial board/associate editors or other body in the form of a society.

At the moment we, as the publisher, will make the new book (of over 1000 pages) available to Dr A so that he can indicate which sections show overlap with the 1993 German book (published by him and author B) and probably the 2006 English book.

Is there any advice from the Forum on this complex case?

Advice: 

The Forum agreed that this is a complex copyright issue rather than an ethical issue. This may have to be resolved by lawyers. The Forum supported the editor’s actions of making the new book available to Dr A so that he can indicate which sections show overlap with the 1993 German book and the 2006 English book. It was suggested that following this, independent advice should be sought from an independent expert. It was also suggested that the editor may be able to obtain agreement in advance on the use of an independent arbitrator who would review the case and whose opinion the authors would abide by.

Follow up: 

The editor has been informed that the complaining author is trying to ‘organize’ the community in order to ‘discredit’ the book. So far nothing has been heard from his lawyer. Dr A has not provided any detailed information of where the plagiarism has occurred despite the fact that he requested a copy of the book in order to look at the chapters and the book was sent to him for comparison with the request to send his findings to the editor.

Resolution: 
On-going
Year: 

Comments

  • Posted by Dr N, 24/1/2013 7.43pm

I'm in support of the decision of the Forum that this is a complex copyright issue rather than an ethical issue. I also stand with the Forum over the editor’s decision to make the new book available to Dr A so that he can indicate which sections show overlap with the 1993 German book and the 2006 English book. I think to onus of proof lies with Dr A, period!