Journal Article Published Omitting Second Author Name

[pporie]

Hello,

Thank you for reading my case. I will try to be as clear as possible in presenting my situation, but do contact me if further information is needed.

My co-author (he is the first author and I am the second author) and I submitted a paper to an academic journal (published by Wiley-Blackwell) and got our paper accepted. However, due to some error and miscommunication on their part, my name was omitted in the pdf version of the paper that is searchable online. They "fixed" the situation by posting an addendum to the next issue of their journal, but refuses to fix the pdf file that is being distributed through their system. The journal editor is apologetic and says that Blackwell does not like making changes once the journal issue appears on the Synergy site.

I have let this issue slide for almost two years now, thinking that there is nothing that I can do, but it pains me whenever I think about it. This paper is my first journal publication I was curious whether I can press legal charges against either the journal or the publishers for circulating my article (the pdf) that does not bear my name. What are the relevant laws that might operate in my situation? Do you see a case for me? Should I seek legal counsel, and what are the approximate costs for talking to a lawyer about a case like this? (I live in CA)

I am only a graduate student striving to get my name out in the academic world, so loosing this publication (sure the addendum exists, citing me as the second author of this paper, but who reads the addendum of the next issue??) is quite painful for me.

Any advice will be very much appreciated.

Thank you,
sad second author

 

[army judge]

Hello,

Thank you for reading my case. I will try to be as clear as possible in presenting my situation, but do contact me if further information is needed.

My co-author (he is the first author and I am the second author) and I submitted a paper to an academic journal (published by Wiley-Blackwell) and got our paper accepted. However, due to some error and miscommunication on their part, my name was omitted in the pdf version of the paper that is searchable online. They "fixed" the situation by posting an addendum to the next issue of their journal, but refuses to fix the pdf file that is being distributed through their system. The journal editor is apologetic and says that Blackwell does not like making changes once the journal issue appears on the Synergy site.

I have let this issue slide for almost two years now, thinking that there is nothing that I can do, but it pains me whenever I think about it. This paper is my first journal publication I was curious whether I can press legal charges against either the journal or the publishers for circulating my article (the pdf) that does not bear my name. What are the relevant laws that might operate in my situation? Do you see a case for me? Should I seek legal counsel, and what are the approximate costs for talking to a lawyer about a case like this? (I live in CA)

I am only a graduate student striving to get my name out in the academic world, so loosing this publication (sure the addendum exists, citing me as the second author of this paper, but who reads the addendum of the next issue??) is quite painful for me.

Any advice will be very much appreciated.

Thank you,
sad second author

More than likely any remedy you might have had has expired because of the statute of limitations (two years).
Just to be sure, you could consult a couple of attorneys in your area.
The initial consultation is normally free.
Even if the SOL hasn't passed, proving damages will be difficult.
Besides, the publisher did correct their oversight.
For that reason alone, you may not even have a cause of action, absent the SOL.

 

[Michael Wechsler]

More than likely any remedy you might have had has expired because of the statute of limitations (two years).
Just to be sure, you could consult a couple of attorneys in your area.
The initial consultation is normally free.
Even if the SOL hasn't passed, proving damages will be difficult.
Besides, the publisher did correct their oversight.
For that reason alone, you may not even have a cause of action, absent the SOL.

I don't know. Perhaps the best way is to use a little finessing. You may want to write a certified letter to them with regard to not only your right as an author but also appealing to their own sensibilities and how any author submitting an article to them might feel - and how they might feel if the company refuses to make a meaningful correction. What does it take for them to correct the problem? If it's minimal, I'd say that you should point that out. Perhaps even write directly to John Wiley & Sons' legal department - that may get you what you want. Be polite but appeal to the reader's sensitivities - e.g., being an attorney, how would you feel if your journal articles weren't searchable in your own company's catalogs. I'm sure you'd be very upset, especially when a large company such as XYZ can easily remedy this oversight.