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Dr. Root-Bernstein: Reply to Aimee Cluo (24 August 2011) (1716 查看)

November 09, 2012 08:21AM
August 24, 2011


Dear Aimee Cluo,

Last attempt to reason with you. Yes, every journal, every book publisher, and every university has guidelines about what constitutes plagiarism and what copyright means. I already sent you one set (as an attachment) from Accounts of Chemical Research that limits even my rights as an author to freely reproduce or quote from my own work. Here is another from Science Magazine, in which the agreement retains for the journal ALL rights of reproduction whatsoever (see underline).

Instead of badgering me, go do some homework yourself. Not everything in written down in copyright law. Publishers and educational institutions have written guidelines. Look them up. In addition, iIn Western countries, most of the law is actually in the form of case law, which is how the written law is interpreted and carried out in court. This is where the general practices for "fair use" and other terms used in written law are interpreted as legal or illegal acts, and where you can find decisions limiting the amount of a text that can be quoted without permission. Most editors understand these guidelines and apply them on a daily basis even if they may not be able to cite (as I am not able to cite) the exact set of cases that led to common practice.

In any event, all this legal stuff is irrelevant, since I am not suing Dr. Fang. The issue is an ethical one.

This is my final contribution to this thread of the discussion.

Sincerely,

Bob Root-Bernstein


[www.sciencemag.org]

Canadian, and UK Government Employees
The American Association for the Advancement of Science (AAAS) requires authors of works contributed to
SCIENCE who are ALL employees of the Australian, Canadian, and/or UK Government to complete, sign, and return
this publishing agreement before the manuscript can be accepted for publication. This form may only be used if ALL
co-authors are employees of the Australian, Canadian, and/or UK Government.
With regard to the Work currently titled:________________________________________________________
________________________________________________________________________________________
authored by:_____________________________________[hereafter “author(s)”] submitted for consideration of
publication in Science, the author(s) hereby certify that they ALL are or were bona fide officers or employees of the
Australian, Canadian, or UK Government and that the Work was produced on behalf of
______________________________[Name of Government Agency] as part of the author(s) official duties and
therefore copyright in the Work is reserved and cannot be transferred.
The following non-exclusive rights are granted to the American Association for the Advancement of Science:
1. The right to do, cause and authorize the first publication and public dissemination of the Work in any form, manner,
format, or medium whatsoever throughout the world and in any language provided clear attribution is given to the
author(s) and his/her/their government affiliation.
2. The right to do, cause and authorize any use of the Work whatsoever, in any form, manner, format, or medium,
whether now or hereafter known or developed, throughout the world and in any language.
3. The right to retain any revenues associated with the above mentioned rights.
AAAS hereby recognizes that copyright in the work is owned by the Crown in right of Australia, Canada or the UK (as
applicable); no assignment or transfer of copyright has occurred; and no further rights, other than those set out above,
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Please confirm your acceptance of the terms of this agreement by signing below and returning this agreement duly
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by main to Science, 1200 New York Avenue, Washington DC 20005. We will not be able to accept your paper for
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Print Name
SignatureQuoting Aimee Cluo <aimeecluo@gmail.com>:

> I have added the missing quotation marks and citations and resend my
> previous email to evrybody.
> ======================================
>
> Fri, Aug 12, 2011 at 1:34 PM
>
> Dear Professor Root-Bernstein:
>
> When you wrote your last email to me with "copy anything I write and claim
> it as their own", in which you mentioned two essential elements, and I
> suppose that means you have finally agreed with me on the following:
>
> (1) There are two necessary conditions in the definition of "Plagiarize",
> i.e., (a) to use another person's idea or a part of their work, and (b) to
> pretend or claim as his own.
>
> (2) Plagiarism and copyright infringement are two fundamentally different
> concepts
>
> There are at least several conceptual mistakes you have made in your open
> letters that are now widely published in China by your authorized people.
> Chinese lawyer [1] and professors [2] are now commenting on the errors you
> made in your open letters and your emails that have been published by your
> allies.
>
> Now what concerns me is that you also have misunderstanding about the nature
> and the difference between dramatic or artistic work and scientific
> publication in the context of copyright law.
>
> I wish to provide with you the following. You can find the references I am
> providing for you to check the accuracy.
>
> * I. § 107. Limitations on exclusive rights: Fair Use [3]*
>
> “Notwithstanding the provisions of sections
> 106<[www.copyright.gov]
> 106A, <[www.copyright.gov]; the fair use of a
> copyrighted work, including such use by reproduction in copies or
> phonorecords or by any other means specified by that section, for purposes
> such as criticism, comment, news reporting, teaching (including multiple
> copies for classroom use), scholarship, or research, is not an infringement
> of copyright”.
>
> “In determining whether the use made of a work in any particular case is a
> fair use the factors to be considered shall include (1) the purpose and
> character of the use, including whether such use is of a commercial nature
> or is for nonprofit educational purposes; (2) the nature of the copyrighted
> work; (3) the amount and substantiality of the portion used in relation to
> the copyrighted work as a whole; and (4) the effect of the use upon the
> potential market for or value of the copyrighted work”.
>
> * II. What Works Are Not Protected by Copyright Law? *
>
> Copyright “protects original works of authorship including literary,
> dramatic, musical, and artistic works, such as poetry, novels, movies,
> songs, computer software, and architecture” [4].
>
> Copyright does not protect facts, ideas, systems, or methods of operation,
> although it may protect the way these things are expressed.
>
> “In no case does copyright protection for an original work of authorship
> extend to any idea, procedure, process, system, method of operation,
> concept, principle, or discovery, regardless of the form in which it is
> described, explained, illustrated, or embodied in such work”.[3]
>
> * III. Interpretations of The Four Factors of Fair Use by
> legal professionals*
>
> 1. The purpose and character of the use, including whether such use is of a
> commercial nature or is for nonprofit educational purposes;
> *
> *This factor generally weighs in favor of fair use for nonprofit educational
> uses as opposed to commercial uses.
>
> 2. The nature of the copyrighted work;
>
> This factor generally weighs in favor of fair use if the work to be used is
> factual in nature (scholarly, technical, scientific) rather than works
> involving more creative expression such as plays, poems, fictional works,
> photographs, paintings and such
>
> 3. The amount and substantiality of the portion used in relation to the
> copyrighted work as a whole;
>
> The copyright statute itself does not give numbers or percentages. There is
> no number of words, lines, or notes that the US copyright law has specified.
> The analysis of the amount copied factor is different depending on the first
> factor (purpose of the copy) and second factor (nature of the original).
> 4. The effect upon the potential market for or value of the copyrighted
> work.
>
> This factor considers the extent of harm the copies actually have on the
> artist's or author's market.* *
>
> * IV. Why Scientific Work Is Treated Differently by Copyright Law?
> [5]*
>
> To a large extent, scientific publishing is a closed system. Researchers
> write for other researchers. The overwhelming majority of the articles in
> scientific journals are published by the staff of research and educational
> institutions, as part of their ordinary obligations to their employer.
>
> Scientific publishing is a publicly funded system for the dissemination of
> scientific information, in which publishers play the role of intermediary,
> and authors normally have no royalty interests. This area of publishing has
> a very special function which distinguishes it from traditional publishing
> activities, in the following ways:
>
> While the number of works published is enormous, each article, report, etc.
> has a very low frequency of use. Even in highly prestigious scientific
> journals, each article is read by a very small number of people.
>
> The literature on most subjects quickly becomes outdated. Fifty per cent of
> the demand for literature on technical and science subjects concerns works
> that are less than two years old.
>
> Generating income is not the primary objective of scientific publishing.
> Authors do not normally receive remuneration when their scientific articles
> are published. On the contrary, in some instances they must pay a fee to
> have their work published.
>
> The reporting of research activity is an integral part of researchers' or
> teachers' obligations towards the institutions that employ them. Employers
> normally have no interest in collecting royalties for the publishing
> activities of their researchers. Their main interest is to have an efficient
> system for the exchange of information.
>
>
>
> Any commercial interests that may be related to scientific publications
> concern the commercialization of products and processes, rather than the
> sale of periodicals or research reports.
>
> * V. An Example*
>
> Christopher Gan provided the following:
>
> However, we notified Dr. Fang that the PNAS policy allows for free
> educational use if the work is cited, and that citations should be included
> in *all* publications, domestic and international, based on this policy.
> "....
>
> PNAS policy for educational use is a good example of the fair use.
>
> Please check the copyright law for educational purpose, and for the purpose
> of knowledge dissemination, etc..
>
> * VI. A final Suggestion*
>
> Find the relevant and correct concepts of plagiarism and copyright
> infringement first before you discuss any details of facts and evidences. I
> have not discussed with you any facts and evidences yet which I suspect you
> might have also made mistakes.
>
> Sincerely,
>
> Aimee Cluo
>
> References
>
> [1] [learning.sohu.com]
>
> [2] [tieba.baidu.com]
>
> [3] [www.copyright.gov]
>
> [4] [www.copyright.gov]
> [5] Ole Bronmo (Deputy Director): Copyright Legislation, Fair Use and the
> Efficient Dissemination of Scientific Knowledge
>
>
>
> Others: [www.copyright.gov]
> [www.bitlaw.com]
>
> [publishing.wsu.edu])
> [webcache.googleusercontent.com]
>

Robert Root-Bernstein, Ph. D.
Professor of Physiology
2174 Biomedical and Physical Sciences Building
Michigan State University
East Lansing, MI 48824 USA
rootbern@msu.edu
office phone: 517-884-5039
webpage: [www.msu.edu]
blog page: [www.psychologytoday.com]
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Dr. Root-Bernstein: Reply to Aimee Cluo (24 August 2011) (1716 查看)

亦明 November 09, 2012 08:21AM



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