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I am in the process of writing a paper on the results I have obtained recently. One of the steps where I have innovated is extracted from a paper published some years ago.

My idea for the paper was to compare the original method with my modifications and thus present the different results.

Is it generally accepted practice to simply copy the "results" image from the original paper (that I am extensively citing and discussing in mine)? Or should I somehow recreate it? (this last option is presenting some difficulties, as some implementation details* are not explicitely stated in the original paper and thus I cannot be 100% sure that my reproduction would be actually representative of what the authors originally did)

*: yes, we are speaking (also) about code

ff524
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Federico
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  • There are no rules for scientific writing that prevent you from copying the image (in fact, as a reader I would appreciate it), but you need to work out the possible copyright issues (which can be difficult even if you consult a lawyer) or get permission (which often is also not easy). That's why it's not common. –  Mar 31 '16 at 07:59
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    Read from here as an example. – Nikey Mike May 13 '16 at 11:47

1 Answers1

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You have two different questions: one in your title, regarding coping an image, and another regarding the results.

Copying a figure:

It depends on the license of the paper. If it is appropriately licensed (as with a Creative Commons Attribution license), you generally can, as long as you indicate it. If it is copyrighted, you are in the grey area of possible fair use. In these cases, the safest option is to contact the copyright holders (usually the publisher) and ask for permission.

Another option is to contact the authors and ask them for the raw data itself, so you can plot it yourself (so you keep a constant style across the paper), or ask them to regenerate it for you.

Using results:

The results are not copyrightable, so you can freely use them. If Smith et al, 2007 report an accuracy of 91%, and you get a 97%, you can freely put the numbers next to each other.

D.Salo
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Davidmh
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  • maybe is not clear from my question, but the image in question contains the results (stated otherwise, it is a graphical representation of the results) – Federico Mar 31 '16 at 07:58
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    There are many countries which don't have a "fair use" concept. I'm not sure if an international publisher would accept fair use. –  Mar 31 '16 at 08:03
  • @Roland hence the grey area. – Davidmh Mar 31 '16 at 09:32
  • @Federico the question is, do you want to put the image itself, or replot the numbers? – Davidmh Mar 31 '16 at 09:33
  • If possible, put the image itself; if not possible, I will attempt at recreating the method. Should all else fail, I will simply cite the significant values from the image, redirecting the readers to the original paper. – Federico Mar 31 '16 at 10:10
  • I don't think there's a grey area for fair use -- I think it's not allowed unless you get permission from the copyright holder. – Scott Seidman Mar 31 '16 at 12:27
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    @ScottSeidman it can be argued that that would be a small quote or a criticism, so falling within fair use. But IANAL, and the publisher will likely want a safer standard. – Davidmh Mar 31 '16 at 14:54
  • The whole area of Fair Use, though codified in US copyright law, is gray. Unless you (or the publisher) get sued and successfully defend the suit, there's no telling what might happen. Better to avoid the suit and get a license to reproduce from the original publisher and/or current copyright holder. Almost every legitimate publisher has a page for asking for this kind of permission. – Bill Barth Mar 31 '16 at 15:10
  • The most likely outcome is that if you try to publish the copied image without permission, the page editor would flag it, and the publisher would hold up publication until permissions were arranged. – Scott Seidman Mar 31 '16 at 20:02
  • "Fair Use" is often used inappropriately. In my university's checklist/flow chart for fair use determination, anything "commercial" ends up right away in the "seek permission" category. Barring a situation where the publisher of the journal you seek to publish in is a non-commercial entity, you should seek and get permission, or recreate and modify the image, and attribute it properly – Scott Seidman May 13 '16 at 17:54
  • @Davidmh If the results are in a form of a figure, can I copy that figure and cite the source in the caption? – Diaa Aug 08 '18 at 10:39
  • @Diaa if you are copying the figure, depends on the license of the paper. What the answer says. – Davidmh Aug 08 '18 at 14:30
  • @Davidmh So, how can I know the paper license, for example, some journal at Elsevier? – Diaa Aug 08 '18 at 14:33
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    @Diaa it will be somewhere pretty visible. But unless you see otherwise, you have to assume is copyrighted. You'd have to ask the journal you are going to publish. – Davidmh Aug 08 '18 at 14:45