manuscript submitted to journal

[siddhatt]

What is the name of your state? west virginia.
i submitted the prescribed three copies of a manuscript to a scholarly journal in which i have previously published (2002) and for which, at the co-editor's request, i regularly review manuscripts. the co-editor responded with an email saying he manuscript was too long and he was returning it without being reviewed. i responded with an email saying the length was consistent with the journal's instructions for authors. the brief exchange of emails became vaguely acrimonious. i wrote that the exchange had devolved into a scramble for debating points and it was time to end it. when i received the returned copies of the manuscript through regular mail, however, only two were included. i emailed the co-editor telling him i wanted the third. he responded that it was journal policy to keep one copy of all submitted manuscripts. i emailed again asking for the third copy. the co-editor characterized my "repeated emails" as getting close to harrassment, and told me not to write again. in fact, each of my four emails, save one, were in response to emails from the co-editor; the one exception was in response to his envelope with only two copies of the manuscript. do i have legal claim to the unreturned copy?

 

[racer72]

Read their policy on submitted manuscripts, that will answer your question. If you volutarily submitted the copies and the policy of keeping one was in place at that time, you have no claim.

 

[siddhatt]

reply to racer72

the manuscript submission was voluntary, but there is nothing in the journal's instructions for authors or elsewhere which states that it will retain, or claims the right to retain a copy of the manuscript. i described retention of a copy as "policy" because that's how the co-editor characterized it in one of his emails. Would an unwritten policy, known only to the two co-editors, still give me no claim to the third copy of the manuscript?

many thanks for your response!

 

[Veronica01]

Whether it is a written policy or “implied” policy of that journal, you look to me overreacting. I am not familiar with this policy, may be because I haven’t served as an editor to any of these journals.

Have you asked the editor how he could justify a claim of a policy that is not written anywhere? Is there any reason you think it justifies your reaction?

As to whether you have a legal claim to the unreturned copy, perhaps you do if it is not written anywhere in their instructions for authors that they will keep one copy for themselves. But what you could accomplish from such a legal action? If it is only to return the original copy, perhaps you could enforce such an action, at a very high cost (legal fees, court costs) and you may not recover any of these costs from the journal.

If you are still insisting on pursuing the court path, get a local attorney to examine your case on the merits of the facts.

Good luck.

 

[siddhatt]

reply to veronica01

I agree that actually hiring an attorney and going to court would be an over overreaction. Instead, I was going to write to the publisher, Haworth Press, and ask that the paper be returned. Before doing so, I wanted to see if I had a legal claim to the copy. I also agree that a copy of the paper has almost no intrinsic value. I was, however, annoyed by the response of the co-editor, first patronizing, then dismissive, and finally self-righteous. I think I'll just forget about it. thanks -- i was overreacting.