Ethics of Scholarship and Publishing by Atty Vyva Victoria Aguirre

8/14/2019 Ethics of Scholarship and Publishing by Atty Vyva Victoria Aguirre

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Ethics ofEthics of

ScholarshipScholarshipand Publishingand Publishing

VVM Aguirre, M.L.S., LL.M., M.L.S.VVM Aguirre, M.L.S., LL.M., M.L.S.


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Intellectual Property Right asIntellectual Property Right as

Moral RightMoral Right

The author of a work shall...The author of a work shall...

independently of the economic rights...independently of the economic rights...

have the right to require that thehave the right to require that the

authorship of the work be attributed toauthorship of the work be attributed tohim, in particular, the right that his name,him, in particular, the right that his name,

as far as practicable, be indicated in aas far as practicable, be indicated in aprominent way on the copies, and inprominent way on the copies, and in

connection with the public use of hisconnection with the public use of hiswork... (work... (IPC, sec.193.1IPC, sec.193.1))


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Intellectual DishonestyIntellectual Dishonesty

Any form of deception committedAny form of deception committed

with the intent of making academicwith the intent of making academic

credentials appear better than theycredentials appear better than theyreally are (UP Guidelines)really are (UP Guidelines)

Advocacy of positions known to theAdvocacy of positions known to the

person to be falseperson to be false


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Forms of IntellectualForms of Intellectual

Dishonesty:Dishonesty:

PlagiarismPlagiarism

FabricationFabrication

making up data resultsmaking up data results FalsificationFalsification

misquoting, changing, misreporting datamisquoting, changing, misreporting dataor resultsor results


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PLAGIARISMPLAGIARISM

the taking and using of ideas, passages, etc.the taking and using of ideas, passages, etc.

from anothers work, representing them asfrom anothers work, representing them asones own (Websters, 1998)ones own (Websters, 1998)

the uncredited use (intentional or unintentional)the uncredited use (intentional or unintentional)of somebody elses words or ideas (OWL atof somebody elses words or ideas (OWL atPurdue, retrieved 2008)Purdue, retrieved 2008)

the act of claiming authorship for anothersthe act of claiming authorship for anothers

words or ideas (Russell, 2004)words or ideas (Russell, 2004)


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PLAGIARISM & COPYRIGHTPLAGIARISM & COPYRIGHT

In plagiarism, the amount of workIn plagiarism, the amount of workcopied is immaterial; in copyright, itcopied is immaterial; in copyright, ithas to be substantial to be a violationhas to be substantial to be a violation

Copyright no longer applies when theCopyright no longer applies when thework is already in the public domain;work is already in the public domain;

not so for plagiarismnot so for plagiarism

Ideas cannot be protected by copyrightIdeas cannot be protected by copyrightunless expressed; ideas can beunless expressed; ideas can be

plagiarizedplagiarized


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How Plagiarism Is Committed:How Plagiarism Is Committed:

Submitting someone else's work as your own;Submitting someone else's work as your own;

Copying words or ideas from someoneCopying words or ideas from someone

without giving credit;without giving credit;

Failing to put quotation marks for phrases orFailing to put quotation marks for phrases orsentences copied verbatim from another'ssentences copied verbatim from another'swork;work;

Giving incorrect information about the sourceGiving incorrect information about the sourceof a quotationof a quotation


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How Plagiarism Is Committed:How Plagiarism Is Committed:

Changing words but copying the sentenceChanging words but copying the sentencestructure of a source without giving credit;structure of a source without giving credit;andand

Copying so many words or ideas fromCopying so many words or ideas fromanother so that the work which you claim isanother so that the work which you claim isyours is made up almost entirely withyours is made up almost entirely withanother persons words or ideas, whetheranother persons words or ideas, whether

you give credit or notyou give credit or not(plagiarism.org/learning_center).(plagiarism.org/learning_center).


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Duplicate PublicationDuplicate Publication::

CriticismCriticism: Authors may divide findings from: Authors may divide findings from

single study into minimally publishable piecessingle study into minimally publishable pieces(Hegyvary, 2005)(Hegyvary, 2005)

DefenseDefense: Some multiple publications from single: Some multiple publications from singlestudy offer new substantive and undevelopedstudy offer new substantive and undevelopedcontent; thus contributing to advancement andcontent; thus contributing to advancement anddissemination of knowledge (Silva et al., 2006)dissemination of knowledge (Silva et al., 2006)


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GhostwritingGhostwriting::

Sue Hudson (American WritersSue Hudson (American Writers

Association)Association) while ghostwriting may be consideredwhile ghostwriting may be considered

unethical in scientific publication, use ofunethical in scientific publication, use ofprofessional medical writers may beprofessional medical writers may be

appropriate and ethicalappropriate and ethical

Transparent disclosure of roles of Transparent disclosure of roles ofcontributors avoids ghostwriting andcontributors avoids ghostwriting andallows evaluation of credibility of reportallows evaluation of credibility of report


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GhostwritingGhostwriting::

Dr. Joseph S. Ross (Mount SinaiDr. Joseph S. Ross (Mount Sinai

School of Medicine)School of Medicine) recruiting someone to put his or herrecruiting someone to put his or her

name on a paper to which he or she hasname on a paper to which he or she hasmade little or no contribution [] givemade little or no contribution [] give

the science more of an appearance ofthe science more of an appearance of

objectivity than it was conducted with. Itobjectivity than it was conducted with. Itis bad science and bad researchis bad science and bad researchpracticepractice


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AUTHORSHIP: Allocation ofAUTHORSHIP: Allocation of

CreditCredit

investigators today collaborate oninvestigators today collaborate on

projects with colleagues from acrossprojects with colleagues from across

the country and around the world...the country and around the world...

each brings different expectations andeach brings different expectations and

even cultural experiences to issueseven cultural experiences to issues

such as who should be included as ansuch as who should be included as an

author on a paper for publicationauthor on a paper for publication(Responsible Authorship and Peer(Responsible Authorship and Peer

Review, from columbia.edu)Review, from columbia.edu)


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AUTHORSHIP:AUTHORSHIP:

Some Allocation of CreditSome Allocation of Credit

PracticesPractices heads of departments as authors, as guestheads of departments as authors, as guestauthors or gift authorsauthors or gift authors

technicians as authors or merelytechnicians as authors or merely

acknowledgedacknowledged collectors of data (researchers whocollectors of data (researchers who

gathered data and wrote up reports ongathered data and wrote up reports on

them)them)

foreign researchers gifting mentors fromforeign researchers gifting mentors from

home countries with authorship of their ownhome countries with authorship of their ownpaperspapers


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Harvard Faculty of MedicineHarvard Faculty of Medicine

Authorship GuidelinesAuthorship Guidelines

Authorship is an explicit way ofAuthorship is an explicit way of

assigning responsibility and givingassigning responsibility and giving

credit for intellectual work.credit for intellectual work.

Authorship practices should beAuthorship practices should be

judged by how honestly they reflectjudged by how honestly they reflect

actual contributions to the finalactual contributions to the final

productproduct


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Harvard Faculty of MedicineHarvard Faculty of Medicine

Authorship GuidelinesAuthorship Guidelines

Most important criteria forMost important criteria for

determining authorship is substantialdetermining authorship is substantial

and direct intellectual contribution toand direct intellectual contribution to

the workthe work


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International Committee ofInternational Committee of

Medical Journal Editors (fromMedical Journal Editors (from

columbia.edu)columbia.edu) Authorship credit should be based on:Authorship credit should be based on:1.1. substantial contribution to conceptionsubstantial contribution to conception

and design, or acquisition of data, orand design, or acquisition of data, or

analysis and interpretation of data;analysis and interpretation of data;2.2. drafting the article or revising it criticallydrafting the article or revising it critically

for important intellectual content; andfor important intellectual content; and

3.3. final approval of the version to befinal approval of the version to bepublishedpublished


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i l i f


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International Committee ofInternational Committee of

Medical Journal Editors (fromMedical Journal Editors (from

icmje.org)icmje.org)the publication of clinical-research findings inthe publication of clinical-research findings in

respected peer-reviewed journals is therespected peer-reviewed journals is the

ultimate basis for most treatment decisions...ultimate basis for most treatment decisions...Public discourse about this published evidence ofPublic discourse about this published evidence of

efficacy and safety rests on the assumption thatefficacy and safety rests on the assumption that

clinical-trials data have been gathered and areclinical-trials data have been gathered and are

presented in an objective and dispassionatepresented in an objective and dispassionatemanner.manner.


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Ganatra (1996)Ganatra (1996)

there are no set guidelines regardingthere are no set guidelines regardingauthorship of scientific papersauthorship of scientific papers

the practice of putting the name of the headthe practice of putting the name of the headof the institution as co-author is justified byof the institution as co-author is justified by

the argument that he was responsible forthe argument that he was responsible forproviding facilities for carrying out researchproviding facilities for carrying out research

in research, the most important aspect isin research, the most important aspect isconception of an idea and its intellectualconception of an idea and its intellectual

nourishment.nourishment. how are we to decide upon the origin of an idea?how are we to decide upon the origin of an idea?


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Ganatra (1996)Ganatra (1996)

Two categories of technicians forTwo categories of technicians for

purposes of allocation of authorshippurposes of allocation of authorship

credits:credits: those who participate intelligently, andthose who participate intelligently, and

those who carry out assigned tasks in athose who carry out assigned tasks in a

mediocre mannermediocre manner


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Data Ownership (Copyright)Data Ownership (Copyright)

Creators right of ownership:Creators right of ownership: Ownership is acquired either byOwnership is acquired either by

occupation or by intellectual creationoccupation or by intellectual creation

(Civil Code, Art.712)(Civil Code, Art.712)


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By intellectual creation the followingBy intellectual creation the following

persons acquire ownership:persons acquire ownership: the author with regard to his literary,the author with regard to his literary,

dramatic, historical, legal philosophical,dramatic, historical, legal philosophical,scientific or other work;scientific or other work;

the composer, as to his musicalthe composer, as to his musical

compositioncomposition the painter, sculptor or other artist withthe painter, sculptor or other artist with

respect to the product of his art; andrespect to the product of his art; and


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the scientist or technologist, or anythe scientist or technologist, or any

other person with regard to hisother person with regard to hisdiscovery or invention. (Civil code,discovery or invention. (Civil code,

art.721)art.721)


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fair use of a work for criticism,fair use of a work for criticism,

comment, news reporting, teaching,comment, news reporting, teaching,

including multiple copies forincluding multiple copies for

classroom use, scholarship, researchclassroom use, scholarship, research

and similar purposes does notand similar purposes does not

infringe copyright. (Sec. 185.1, IPinfringe copyright. (Sec. 185.1, IPCode)Code)


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Fair Use Criteria:Fair Use Criteria:

1.1. the purpose and character of the use, includingthe purpose and character of the use, including

whether such use is of a commercial nature or iswhether such use is of a commercial nature or is

for non-profit educational purposes;for non-profit educational purposes;

2.2. the nature of the copyrighted work;the nature of the copyrighted work;

3.3. the amount and substantiality of the portion usedthe amount and substantiality of the portion used

in relation to the copyrighted work as a whole;in relation to the copyrighted work as a whole;

andand

4.4. the effect of the use upon the potential market forthe effect of the use upon the potential market foror value of the copyrighted work.or value of the copyrighted work.


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Copyright of works created by an authorCopyright of works created by an authorduring and in the course of hisduring and in the course of hisemployment belongs toemployment belongs to the employee if the work created is not a partthe employee if the work created is not a part

of his regular duties even if he used the time,of his regular duties even if he used the time,facilities and materials of the employer;facilities and materials of the employer;

the employer if the work is the result of thethe employer if the work is the result of theperformance of the employee's regularlyperformance of the employee's regularly

assigned duties, unless there is an agreementassigned duties, unless there is an agreementto the contraryto the contrary

(IP Code, Chap.V, Sec.178.3)(IP Code, Chap.V, Sec.178.3)

R ibl C d t i D tResponsible Conduct in Data


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Responsible Conduct in DataResponsible Conduct in Data

Management (fromManagement (from

columbia.edu)columbia.edu) Summarizes Loshin (2002), to wit:Summarizes Loshin (2002), to wit: at the core, the degree of ownershipat the core, the degree of ownership

(and by corollary, the degree of(and by corollary, the degree of

responsibility) is driven by the value thatresponsibility) is driven by the value thateach interested party derives from theeach interested party derives from the

use of that informationuse of that information

sharing data reinforces open scientificsharing data reinforces open scientificinquiry, encourages and diversity ofinquiry, encourages and diversity of

analyses and conclusionsanalyses and conclusions

R ibl C d t i D tResponsible Conduct in Data


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columbia.edu)columbia.edu) Summarizes Loshin (2002), to wit:Summarizes Loshin (2002), to wit: and permits:and permits:

1. reanalyses to verify or refute1. reanalyses to verify or refute

reported results,reported results,2. alternative analyses to refine2. alternative analyses to refine

results, [and]results, [and]

3. analyses to check if the results are3. analyses to check if the results arerobust to varying assumptionrobust to varying assumption



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columbia.edu)columbia.edu) Stakeholders (Loshin, 2002)Stakeholders (Loshin, 2002) Creator creates or generates dataCreator creates or generates data Consumer uses dataConsumer uses data

Compiler - selects and compiles informationCompiler - selects and compiles informationfrom different sourcesfrom different sources Enterprise - in relation to all data that entersEnterprise - in relation to all data that enters

its systemits system

Funder - that commissions the data creationFunder - that commissions the data creation Decoder - unlocks the information inside aDecoder - unlocks the information inside a

particular encoded formatparticular encoded format



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columbia.edu)columbia.edu) Stakeholders (Loshin, 2002)Stakeholders (Loshin, 2002) Packager - collects data for a particularPackager - collects data for a particular

use and adds value through formattinguse and adds value through formatting

of this information for a particularof this information for a particularmarket or set of consumersmarket or set of consumers

Reader - subsumes the data read andReader - subsumes the data read and

gains value by itgains value by it Purchaser or licenser - buys or licensesPurchaser or licenser - buys or licenses

datadata


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Confidentiality: Use of cases inConfidentiality: Use of cases in


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teaching and researchteaching and research

publicationspublications Rogers and Draper (2003)Rogers and Draper (2003) suggested anonymization of subjectssuggested anonymization of subjects

of the case studies.;of the case studies.;believe that the main harm arising frombelieve that the main harm arising from

recognition of subject of case study isrecognition of subject of case study isthe experience of violation of privacythe experience of violation of privacythat comes from having information thatthat comes from having information thatwas given in confidence disclosed in thewas given in confidence disclosed in thepublic arena (par.13); and thatpublic arena (par.13); and that

the only justifiable argument for use ofthe only justifiable argument for use ofcases in research publications is publiccases in research publications is publicinterestinterest



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publicationspublications Rogers and Draper (2003) inRogers and Draper (2003) in

summary:summary: Whenever possible, obtain consent,Whenever possible, obtain consent,

and this requirement should beand this requirement should bepresent in a journals instruction forpresent in a journals instruction forauthors.authors.

When consent cannot be given,When consent cannot be given,

clarify the standards to be used inclarify the standards to be used indetermining whether publication thatdetermining whether publication thatwould violate privacy would servewould violate privacy would servepublic interest or not.public interest or not.



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publicationspublications Rogers and Draper (2003) inRogers and Draper (2003) in

summarysummary:: Use of cases for research publicationUse of cases for research publication

must not exploit the subject (patient)must not exploit the subject (patient)and must see to it that harm to thatand must see to it that harm to thatsubject is avoided.subject is avoided.

As much as possible, anonymize theAs much as possible, anonymize thesubject of the case studies bysubject of the case studies byadopting a stylized presentationadopting a stylized presentationformat where readers imagineformat where readers imaginerather than identify a case.rather than identify a case.


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THANK YOUTHANK YOU

ANDAND

GOOD DAY!GOOD DAY!

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Ethics of Scholarship and Publishing by Atty Vyva Victoria Aguirre