my phd-advisor stole my manuscript and published it himself

[Bones]

I had a contract to publish a manuscript with my phd-advisor. According to our contract with the publisher, i would be named co-author. When the book was written (by me and him), my phd-advisor published it alone.

so..... I am still a phd-student at the same university.... how can i prevent the same stealing-thing from happening again when i submit my phd-thesis?

or should i quit?

what should i do?

[anthropologygeek]

Well, prof is technically allowed to do this but this is awful of them. If my adviser did this I would transfer. You need to be able to rely on your adviser for help and be able to trust them. They play a big role in getting you a job and sounds like they won't Try to help but steal any opportunities you have coming.

[Usmivka]

Well, prof is technically allowed to do this but this is awful of them.

Huh? Not if there is a written contract he's not! If you truly have a contract (not just a verbal agreement), it is illegal to appropriate another's work without recompense or acknowledgment. And regardless of whether or not you have a contract, if the prof used your work without acknowledgement, this is plagiarism. Any academic department will take this extremely seriously, and may fire the prof.

I'll assume you have talked through this with said prof so there are no unstated misunderstandings--this is super important, don't go off half-cocked!

If there is no resolution and you are in the right, contact the department chair, with contract in hand. If they don't resolve it, contact the universities legal/ethics office, provide them with a copy of the contract. If they don't sort it out, contact an attorney, have him/her look over the case so you can make an informed decision (this part should be free). If you have a good case, you can have the attorney contact the publisher and take the prof to small claims court for the attorney's fees. A reputable lawyer won't take this on if you aren't likely to recoup his fees (which you should specifically ask about). Note that the attorney route only works if there was an actual contract--if the prof instead plagiarized, this is not illegal, simply unethical. It should never get this far though, since universities take plagiarism very seriously.

I should point out, an e-mail sent from your prof's university account that reinforces your assertions is sufficient written proof of your claim in most states.

Edited May 20, 2012 by Usmivka

[Elimba]

First, let me tell you that your story is not believable.

You confuse us with these words:

1. "my manuscript" (title)

2. "our contract with the publisher"

3. "named co-author"

4. "book was written (by me and him)"

5. "advisor published it alone"

All these statements cannot be true simultaneously unless the publisher (ex. Springer) is an accomplice of your advisor

or you are pretending to be an owner of a work in which you have only a marginal or no contribution.

At least, this is the way it appears to us.

Edited May 20, 2012 by Elimba

[Bones]

Elimba, sorry, thread was written in a hurry. Just for clarification (somebody can also revise the title please - it seems that I can't revise it myself):

Manuscript written and owned by: phd-advisor (ca. 50%) and me (ca. 50% of the manuscript).

Authorship according to legally binding (and enforceable) contract: phd-advisor and me.

Manuscript has been published by him under his sole authorship.

I'll assume you have talked through this with said prof so there are no unstated misunderstandings--this is super important, don't go off half-cocked!

If there is no resolution and you are in the right, contact the department chair, with contract in hand. If they don't resolve it, contact the universities legal/ethics office, provide them with a copy of the contract. If they don't sort it out, contact an attorney, have him/her look over the case so you can make an informed decision (this part should be free). If you have a good case, you can have the attorney contact the publisher and take the prof to small claims court for the attorney's fees. A reputable lawyer won't take this on if you aren't likely to recoup his fees (which you should specifically ask about). Note that the attorney route only works if there was an actual contract--if the prof instead plagiarized, this is not illegal, simply unethical. It should never get this far though, since universities take plagiarism very seriously.

Even assuming that I have all evidence and assuming that I win all administrative and court proceedings: won't there be a massive negative effect on my career chances if I sue (and win against) my phd-advisor?

if the prof instead plagiarized, this is not illegal,

In my jurisdiction, this is also illegal.

PS: I am a lawyer, admitted to the bar.

Edited May 20, 2012 by Bones

[anthropologygeek]

Bones- was research done with grant money from adviser? If s legally he has the right to any and all data collected and the right to publish anything. and yes I could see legal actions in this matters haunting your career not to mention the time, and energy cost fighting this when you could be spending it on your career. Your looking a years of legal fitting if you hire a lawyer. Plus at 300 an hour is the financial cost worth it? Just take this as lesson learned, transfer and put it past you. This is what I would do but everyone is different.

[Bones]

Bones- was research done with grant money from adviser? If s legally he has the right to any and all data collected and the right to publish anything. and yes I could see legal actions in this matters haunting your career not to mention the time, and energy cost fighting this when you could be spending it on your career. Your looking a years of legal fitting if you hire a lawyer. Plus at 300 an hour is the financial cost worth it? Just take this as lesson learned, transfer and put it past you. This is what I would do but everyone is different.

No research money from advisor or obtained by advisor. No data collected by advisor (or any third party).

I am thinking about transferring. But couldn't also transferring haunt my career?

Edited May 20, 2012 by Bones

[Spore]

Sounds like NOT transferrng could haunt your career.

Can you switch advisors in your department?

[Usmivka]

Sounds like NOT transferrng could haunt your career.

I can't believe I'm reading all of this about you just pulling up stakes. If you talk to the advisor and can't come to an understanding (I still haven't heard anything that assures me this isn't a misunderstanding yet...), talk to the department chair before you do anything else. He/She will want to have a sit down with the three of you.

The last time I saw an advisor do something unethical like this (not even illegal that time, which you seem to be in a position to say that it is in this case), the department immediately offered the student full tuition/stipend for unlimited duration with a new advisor. Pulling stuff like this absolutely ruins a schools reputation, and they will do whatever they can to keep it on the down-low. The department will take it seriously, and the only ones in any position to hurt your career would be you and the advisor. Any settlement (I'll assume out of court) would have a proviso to protect you from retaliation and a non-disclosure agreement. Besides which, the prof will be too worried about his own hide to pull anything--he has much more to lose.

Switching programs implies a failure on your part. Although for comfort reasons you will probably want a new advisor. Don't start down the path of "I'm going to transfer," because that tells the prof and department that you can be forced out--that should be your choice, not the only option.

Heck, if you are in your state bar you probably have attorney friends who would represent you for nothing if it ever had to go to courts...but here is the thing: If you have independent council lined up and have already aired your concerns with the department chair, it will never go further than the university ethics panel.

Also, it sounds like this isn't an issue since you have a contract, but regardless, I think anthropologygeek is wrong --regardless of who grant money goes to, if you did the work and acknowledge the funding source, you must be credited (big caveat here, for the natural sciences I'm 100% about what I'm saying, with NSF funding, but I'm just assuming the same for whatever the government anthropology funding sources are). See the other "my prof screwed me" thread.

Edited May 20, 2012 by Usmivka

[Elimba]

Bones, OK, things are a little clearer now.

My advice is that you should go past this incident and move on. As someone said, take the whole thing as a lesson.

Your purpose in coming to this institution is not to make money by any means necessary but to acquire knowledge.

Well, this is part of it ... Learning about research politics.

I hope this helps you.

[TheFez]

I think the point of the question is "move on - how?".

It's still an incredible story and begs for some kind of rational explanation for the adviser's behavior if the facts are accurate. I agree you should meet with the department chairperson since you are currently in a no-win situation.

Transferring programs will likely be viewed negatively and is costly to you in any number of ways.

Remaining with the same adviser seems untenable.

I am not sure taking this as a lesson is helpful - kind of like saying getting robbed in broad daylight is a lesson to be learned.

I did find your explanation a bit puzzling however when you write that your ownership is "ca. 50%". Contracts are usually not "ca." kinds of documents and perhaps there is a big difference in what the contract says if the adviser owns 51%. That's my lesson from watching Shark Tank too much.

[Dal PhDer]

Just my input- at this level, when you invest time and effort into a piece of work, most often it's not for money it's for the ability to record it as your own work on your CV- which will have huge impact on grants/scholarships, jobs, teaching, etc. in the future.

Personally, I wouldn't just 'move' past it. I think you should approach the position carefully- because as you have said, this could impact you and you want to handle it in the best possible way for your career and PhD- and first talk to your supervisor. As someone else said, this may simply be a misunderstanding and wires crossed. If that does not go well, approach your graduate coordinator to discuss the issue.

As part of your PhD, your advisor should be helping you gain publications. Moreover, if 50% is legally yours and you've contributed 50% to it...then it is ethically wrong to exclude you from this work...it would be like publishing your PhD thesis without including your advisor as a co-author.

So in my opinion- you should do something about this, as it will have an impact on your CV and what you're building as your intellectual property (the foundation to YOUR career), but it's a delicate situation and there will be a lot of politics. As a lawyer, I am sure you can weave your way around the situation well.

Also, instead of transferring programs you might want to look into switching advisors- it's not uncommon and/or poorly looked upon in my department.

Goodluck and keep us updated!

Edited May 22, 2012 by Dal PhDer

[ANDS!]

I just want to say, if you look at the thread title from the front page it says:

"my phd-advisor stole my man"

I have nothing else to contribute to this conversation.

Edited May 23, 2012 by ANDS!

[TakeruK]

My advice is that you should go past this incident and move on. As someone said, take the whole thing as a lesson.

Your purpose in coming to this institution is not to make money by any means necessary but to acquire knowledge.

Well, this is part of it ... Learning about research politics.

Just my input- at this level, when you invest time and effort into a piece of work, most often it's not for money it's for the ability to record it as your own work on your CV- which will have huge impact on grants/scholarships, jobs, teaching, etc. in the future.

Personally, I wouldn't just 'move' past it. I think you should approach the position carefully- because as you have said, this could impact you and you want to handle it in the best possible way for your career and PhD- and first talk to your supervisor. As someone else said, this may simply be a misunderstanding and wires crossed. If that does not go well, approach your graduate coordinator to discuss the issue.

I would also advise to definitely not just "move on". This is something unethical that the advisor has done, not "oh well, it's part of research life", unless students allow it to be "part of research" by treating it that way. Advisors are humans too, they are not all-powerful and faultless, and we should not treat them that way either. I also don't think there is a lesson to be learned here, because it sounds like the student has done the right thing -- getting a contract signed regarding a manuscript is not that common (maybe it should be) and probably the most you can do to protect yourself.

I could understand if someone chooses to "let it be" and not pursue this legally because of the extra work it would cause. But not doing anything will cost a lot too -- firstly, you would have wasted all that time and have nothing to show for it. If you allow someone to take advantage of you now, what's stopping them, or someone else who knows about this, to do it again? And lastly, you are allowing future students of this advisor to be taken advantage in the same way, and by not speaking out, you may be helping other unethical advisors take advantage of their students too. Okay, maybe the last point is a bit dramatic, but what I mean is if everyone decided to "move on", then the problem will never get attention and it will keep happening.

[Zorah]

Elimba - You are using Lauren Hill's picture as your picture - isn't that the same thing as taking someone's work?

[ANDS!]

I just read the thread (because I really didn't believe the thread title), and you folks saying "Just get over it. . ." - F-That. Espcially if there is a contract. I would rather be "slightly uncomfortable" than be robbed of my contribution to your field, and that is exactly what is occuring right now. No way in hell I would let someone screw me like that.

Now maybe I have missed something but I haven't seen anything about where the OP actually addressed this with the advisor and if they have what the outcome was.

[Lola Wants]

I would definitely not walk away from this one either unless you like getting f****d. If there was a contractual agreement then it should be legally upheld. I would talk to the professor first before going to the chair. I don't think it is a good idea to switch programs but I would definitely not continue with this person as my advisor if he decides not to acknowledge you on the work. Your career chances will be affected if you keep him as your advisor! Since he has stolen from you then there should be no objection to you finding a new advisor. Stealing or giving yourself credit for work you did not do is a serious situation and should not be forgotten just because the person is a professor and you are a graduate student.

[sabdo]

I just read the thread (because I really didn't believe the thread title), and you folks saying "Just get over it. . ." - F-That. Espcially if there is a contract. I would rather be "slightly uncomfortable" than be robbed of my contribution to your field, and that is exactly what is occuring right now. No way in hell I would let someone screw me like that.

Now maybe I have missed something but I haven't seen anything about where the OP actually addressed this with the advisor and if they have what the outcome was.

This.

I don't understand how anyone could just dismiss it as research politics. This is way beyond simple politics, this is ILLEGAL. There is no self respecting department that wants plagiarism and theft on them. Of course, you don't want need to create a scene, but you definitely want to address this. As a lawyer, I definitely trust you would be able to handle this situation and get yourself a new adviser.

Also, I'm quite surprised by how many people are so complacent with this kind of scenario. I could never sit down and wave the white flag when all my hard work has been stolen from me. Even more so when the law is clearly on my side.

[fuzzylogician]

Factually, the story is very simple. What the advisor did in this case is far beyond unprofessional, it's illegal. If it happened to me, I couldn't just let it go. I'm surprised at how many people here have dismissed this situation as a "learning experience" that comes with doing research. Something like this should never happen!

Practically, OP, you want to be careful about how you proceed. Again, I would not just let it go. This is wrong. Money aside, it's your rights to the work that matter. You want to be able to present this as your intellectual property. Since you do have a contract, things are somewhat easier. But if you hope to continue in academia, you need to be very careful. Your reputation could suffer because of this situation. Here are preliminary questions to consider: do you want to stay in academia? If so, do you want to stay in the same school? If so, are there any circumstances under which you would want to continue working with your current advisor? Depending on what you want to do, you may want to choose different tactics. Things to consider: preserving your reputation in general, finding someone else to work with at your school, getting recs that would allow you to transfer, being able to continue and graduate as soon as possible, having job prospects and supporters when you leave.

You may want to start with your advisor; or you may want to start by going to your advisor's boss (probably the department chair). If you have a mentor or trusted professor in your department, you could try and get advice from them before acting (re: reputation, how to proceed, who to go to, etc.). In case you have reason to think that you won't be heard in your department (and furthermore that they will side with your advisor and "sacrifice" you to save their reputation), you could consult with your student union reps or university lawyer or whoever is knowledgeable and available at your school. There must be university-level unbiased people who you could turn to. I trust that your training will help you choose the best course of action based on the advice you receive, but you shouldn't pursue this alone. You're probably not an expert in this area, and anyway you're too involved. There is information missing about how likely your department is to take this matter seriously and address it, vs. just try to hush it up and not take care of the problem. If you trust whoever is in charge in your department, I think the best course of action is to start with that person (not your advisor). Otherwise, go outside your department to make sure the issue isn't swept under the rug and ignored. Before you take action, seek out as much advice and information as you can. Unfortunately, taking action could hurt you, even though it shouldn't.

Edited May 25, 2012 by fuzzylogician

[margarethale]

when i saw the title of this thread from the homepage, it definitely looked like "my phd-advisor stole my man"

which, granted, could have been a very interesting topic...

[asleepawake]

when i saw the title of this thread from the homepage, it definitely looked like "my phd-advisor stole my man"

which, granted, could have been a very interesting topic...

I 100% admit that this is the reason I clicked on this thread...

[Bones]

Thank you, you're helping me a lot.

I can't believe I'm reading all of this about you just pulling up stakes. If you talk to the advisor and can't come to an understanding (I still haven't heard anything that assures me this isn't a misunderstanding yet...)

Months before the mansucript has been published by him, he told me personally and point-blank that he is thinking about publishing it alone. I told him that I am not giving my consent to this, that this would be wrong, and that we must stick to our original written contract (i.e., publishing it together as co-authors). Subsequent to my advisor's statement, I started collecting all necessary evidence.

But still, I don't think that a lawsuit is very helpful (even if I assume that I win the lawsuit for royalties and--more important--for the intellectual property, i.e., copyright).

Now maybe I have missed something but I haven't seen anything about where the OP actually addressed this with the advisor and if they have what the outcome was.

Might be a silly question, but what does "OP" stand for?

* * *

Another thought: how can i prevent the same (or a similar) thing from happening again? What shall I do to prevent that my (or another) advisor misappropriates a manuscript which is part of my PhD before I can publish it?

Edited May 25, 2012 by Bones

[Usmivka]

Go through the posts...many have made good suggestions. You did everything right to protect yourself, and should do the same in the future, and now you need to take it up with the department chair or university ethics panel, depending on where you will get better support--3 or 4 people have very specific suggestions in this regard above. A lawsuit is the last, worst case scenario as I pointed out before, and it should never come to this point.

The quote above likely meant "other party" or "offended party." They are saying that you have not provided any assurance that you have talked this through with the prof to try and iron out differences, or told us what the outcome of such a meeting was (until just now that is).

I have to tell you though, that what you write above about the prof telling you ages ago about a change of plans calls some things into question. Why was he having these second thoughts? Did you actually uphold your end of the contract by working on the manuscript sufficiently to get credit? And why did you not follow through to fix this at any point before publication?

Maybe a timeline and full account here would help all of us be more useful? Or if you are uncomfortable with that, maybe now is the time to move forward with some of the suggestions above?

Edited May 25, 2012 by Usmivka

[Bones]

I have to tell you though, that what you write above about the prof telling you ages ago about a change of plans calls some things into question. Why was he having these second thoughts? Did you actually uphold your end of the contract by working on the manuscript sufficiently to get credit?

He told me the following (absurd) reasons:

First, he explained me that everybody at the university would think that the second author (usually the PhD student) has written the manuscript alone and that he consequently doesn't want to lose credit for his part of the work.

Second, he told me that I couldn't sue him because it would kill his and my career.

Actually, since I worked at the university, I can understand the first reason. But still, it's not unethical and wrong... and also, he had this second thoughts when he heard from another professor in the same department that the other professor got away with a misappropriation of authorship in a similar case.

Edited May 25, 2012 by Bones

[Usmivka]

Did you document this at the time? A journal with dates? I can't imagine you having a problem if you bring this plus contract to department chair or ethics committee, whichever is more appropriate. Even without, you are fine with the contract. Time to get moving on this, more time here on the forum won't get you any closer to your goal, and most folks here are now repeating the same advice you got days ago. This isn't going to harm you if you are tactful, and the prof has way more to lose, don't let him bully you into being quiet. What he did is illegal and unethical, both grounds to boot him from his job with no possibility of rehire anywhere in academia. Frankly, by sitting this long without doing anything when you knew this was happening, you've almost let him get away with it.