I worked with a faculty member here who was in a very similar situation. I, too, reached out to this list, and I received some good feedback. I sent the faculty member the email(s) I have pasted below. I apologize for the length, but I hope they are helpful to you (and others). You should feel free to copy, revise, re-use the verbiage in any way that works for you.
Ultimately, I think the Google take-down request worked the best. For all practical purposes, the original article published in the predatory journal isn’t findable.
Initial email (to faculty member)
Hi [faculty member’s name],
I’m following up about your article appearing in Sports Medicine and Rehabilitation Journal, despite you asking for it not to be published. I have a number of potential solutions gleaned from both my experience and the experience of others in the Scholarly Communication community.
I want to double check that everything you submitted was via email. I don’t see anything on the journal’s website that looks like a submission form. I am trying to rule out the possibility that a licensing box was checked without your knowledge on a submission form. This is very important.
I would also like to confirm that you or one of your co-authors did NOT pay the $1800 invoice, nor did you return your pdf proof with corrections.
Assuming all correspondence was done via email and that you didn’t pay the $1800.00 APC, one of the first things you may want to do is file a DCMA Take Down Notice. You do this by submitting a form to Google. Assuming the publisher complies, it will hopefully remove the article from Google’s search results. You will want to fill out the form with the following information:
- What Google product does your request relate to? Web Search
- What can we help you with? I have a legal issue that is not mentioned above
- Choose from the following options: I have found content that may violate my copyright
- What is the allegedly infringing work in question? Other
You will then probably need to log into your Google account to continue filling out the form, and you will need to provide them with your name, email address, company name, etc. You will also need to identify and describe the copyrighted work, indicate where they can find an authorized example (which may not be applicable), and the location of the infringing material. Please let me know if you have any questions about this.
A good next step would be for all authors associated with OU (especially the lead author) to contact Remedy Publications with strongly-worded language. I would suggest making the following points:
- None of the authors, including the lead author, gave a license to publish, and no one signed a copyright transfer agreement. Therefore, the authors still own the copyright.
- Remedy Publications is “in violation of my copyright”
- Ask for the article to be removed from their website immediately and never published again
- Tell them this is your (second? third?) request
- Tell them you expect a written response
I would email this letter to every contact listed on the website, including the “info@remedypublications” address and including people with whom you have already corresponded.
I don’t think this will be fruitful, but you may also want to seek advice from the Council of Publishing Ethics (COPE). They have worked on behalf of authors in the past, and this case (where a manuscript was submitted without the consent of a co-author) was shared with me. Here is a more relevant case, and we might want to search for some more. However, since this Remedy Publications isn’t a member of COPE, I don’t know how effective COPE will/can be. I would use this as a second-to-last resort.
In most similar cases among my network, the University General Council was unwilling to get involved, because it is a business relationship between the author and the journal. I don’t think OU’s General Council will be willing to work on this. In most cases, the UGC said the author would need to seek outside representation, which I consider to be the last resort for you.
If you and your co-authors want to revise and resubmit (or just even resubmit) your paper to a different journal, you will need to be very up front with the journal editor that this paper has been previously published, but it was published by a journal without an ISSN (I can’t find one anywhere). The exact feedback I got about this was:
The editors at BMC would often consider publishing papers that had appeared in a journal that did not have an ISSN---many of these are fraudulent journals. I do need to note 2 things:
1. New journals, especially those that are handled by very small publishers often do NOT have ISSNs---so the editors will assess the journal where the paper was published.
2. Before submitting that paper: send a letter to the editor at the journal you are interested in and tell them exactly what happened---and the name of the journal, a link to where the paper is to let them assess it ahead of time. You do NOT want to submit the paper without checking what the journal's policy is and whether that editor will consider it' appearance as something that would be considered prior publication.
I don’t know that any of these things will work, but please start with the DCMA Take Down request and emailing the “editor."
Please keep us in the loop, and I will be following up with you in a few weeks. But you should certainly feel free to reach out with questions any time. If you would like to run your “strongly worded” email by me first, I would be happy to take a look at it.
I wish this hadn’t happened to you. Please let us know what else we can do to help.
[Signature]
Email to predatory publisher from faculty member
I am the first and corresponding author on the manuscript titled [Title of manuscript]. I am contacting you requesting that you remove my work from your website and server immediately and never publish it in the future.
On 10/31/16 I sent you an email retracting my submission from Sports Medicine and Rehabilitation Journal. On Friday, November 11, 2016 at 7:00 PM I emailed you a second time requesting the retraction. I have not given you permission to publish my manuscript, and this is now the third time I have asked you to retract it.
I and my co-authors hold the copyright to this work. None of us have transferred our copyright to Remedy Publications, nor have we signed a publication agreement that gives you a license to publish our work. Therefore, you are in violation of our copyright.
I have no intention of paying a publication fee, especially since this is my third request that you retract my work, [Title of Work]. I am again requesting that you remove my work from your website and server immediately and never publish it in the future.
I expect you to follow up with me via email with your explicit acknowledgement of this request. If my work remains on your site, I will find it necessary to enforce my request through additional means.
[Signature]
Response from Editorial Manager
Greetings
Thank you for your email.
Kindly let us know the genuine reason behind withdrawal of your manuscript. We have mentioned the publication fee details on the instruction to the authors page ($1800) -http://remedypublications.com/author.php. As you are aware about the publication procedure and the manuscript has gone through various phases of publication which includes peer review process, copy editing, formatting conversion (PDF, HTML), Hosting the manuscript online, etc.
Since, you are an important member of our journal, after a careful consideration of the email that has been exchanged so far. The best we can do is offer an amount reducing the charges to $1289 which barely covers the production cost that have been incurred.
We look forward to your positive response.
Do not hesitate to contact me for any more information.
Regards,
The faculty member reached out wondering what to do, and I gave her the following advice:
I think you need to respond with the exact language you have already used. You have already provided a reason: they are violating your copyright. Please do not engage with them other than to reiterate exactly what you have already written.
Your response might be:
I and my co-authors hold the copyright to this work. None of us have transferred our copyright to Remedy Publications, nor have we signed a publication agreement that gives you a license to publish our work. Therefore, you are in violation of our copyright.
I am again requesting that you remove my work from your website and server immediately and never publish it in the future
If my work remains on your site, I will find it necessary to enforce my request through additional means.
Really, there's no need to say anything more. You aren't negotiating with them.
Thanks for keeping me updated!
The editorial manager responded yet again (reducing the fee yet again), and I advised her to ignore him. She did, and she has not heard from him again.
She submitted her manuscript to a reputable journal, and she wisely told the editor about her previous experience and that the article might be online somewhere. The reputable publisher accepted the manuscript, but unfortunately it is now toll-access, and she signed away her copyright. I know she still considers it a learning experience and a win though.
Best Regards,
Jen
--
Jen Waller
Open Educational Resources & Scholarly Communication Coordinator
University of Oklahoma
Bizzell Memorial Library
401 W. Brooks St., Room 243
Norman, OK 73019