HCR578-Module 5-Intellectual Property – Ghost Writing – Assignment
HCR578-Module 5-Intellectual Property – Ghost Writing – Assignment
Ghost Writer Paper & Intellectual Property
Read the Ghost Writer article found in Learning Materials in its entirety.
It is clear that there are two construct at work here – one legal and one ethical. Legal being acceptable by law. Ethical – concerns scientific authorship & responsibility as discussed in the paragraphs below from the article.
“That ghostwriting is plainly lawful under copyright law but deemed dishonest, unacceptable and fraudulent in academic publications shows, again, that authorship as defined by copyright law and that scientific authorship are two very different constructs, especially around the issue of responsibility. Those who look at ghostwriting through the lens of work for hire law see a straightforward legal arrangement concerning intellectual property issues, but those who look at it through the lens of scientific authorship see authors listed on the byline who can hardly take any responsibility for a work whose production they may be unconnected to. Conversely, they see the names of those who are actually responsible for the data collection, data analysis, and writing completely removed from the publication. Wrong names in the right places, and right names in the wrong places – a manipulation that renders virtually invisible very significant conflicts of interest.”
“Articles produced in this fashion support a drug produced by the pharmaceutical company sponsoring and authoring these publications (see Sismondo, 2009). Pharmaceutical companies then purchase reprints of these articles, which are handed out to prescribing physicians by sales representatives during their visits to the doctors’ offices (see Greene, 2007). (Just for measure, in the early 2000s, Merck purchased 900,000 reprints of an article about their drug Vioxx from the New England Journal of Medicine (Smith, 2006). Unaware of the corporate authorship of these texts, the doctors think they are reading a scientific article when in fact they are reading something closer to an ad.”
Your paper should cover your thoughts on both the ethical and legal constructs of ghost writing. Most of our regulations that cover the conduct of clinical trials are based on ethical concerns due to misconduct in research. After summarizing you thoughts on the two constructs, do you think that ethical concerns based on scientific writing should impact intellectual property laws?
Paper Format (4 – 5 pages, 12 point font, normal spacing. Use headings for the four required sections. Support with additional references. Cover page and references not included in page count.)
- Introduction – overview of Ghostwriting
- Ethical Constructs
- Legal Constructs
- Should ethical constructs impact intellectual property laws. (Why or why not? What are your reasons. Provide at least two examples to support your reasoning.)
Please review the grading rubric before doing the discussion for assignment requirements.
Rubric
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Criteria
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Ratings
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Pts
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This criterion is linked to a Learning OutcomeOverview of Ghost Writing
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25 pts Proficient25 pts Overview demonstrates a solid understanding of Ghost Writing. Refers to Ghost Writer article and provides other materials to support overview. Expands on initial article.
15 pts CompetentDemonstrates a general overall understanding of Ghost Writing. Clearly describes the topic, provides examples and supports with references.
0 pts PoorDoes not do or work is minimal, provides very general description of Ghost writing in overview.
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25 pts
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This criterion is linked to a Learning OutcomeEthical Constructs
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50 pts ProficientDescribes in detail at least 4 ethical construct related to Ghost Writing. Covers the ethical concerns for research and scientific writing. Provide 2 – 3 examples. Supported by 2 – 3 additional references.
25 pts CompetentDescribes in detail at least 2 ethical constructs related to Ghost Writing. Covers the ethical concerns for research and scientific writing. Provide 2 examples. Supported by 1 – 2 additional references.
0 pts PoorGeneral description of ethical constructs of Ghost Writing. Minimal information and references for support. Does not demonstrate clear understanding.
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50 pts
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This criterion is linked to a Learning OutcomeLegal Constructs
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50 pts ProficientDescribes in detail 2 legal constructs related to Ghost Writing. Covers the legal concerns for research and scientific writing. Provide examples. Supported by 2 – 3 additional references.
25 pts CompetentDescribes legal constructs related to Ghost Writing. Covers the legal concerns for research and scientific writing. Provide an example to demonstrate concerns.. Supported by 1 – 2 additional references.
0 pts PoorNot done or provides minimal information and references for support. Does not demonstrate clear understanding.
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50 pts
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This criterion is linked to a Learning OutcomeImpact on Intellectual Property Laws
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50 pts ProficientSummarizes information in paper is a clear and factual manner, pulling together data collected to address the impact of the two constructs on intellectual property laws. Provides clear reasoning supported with reference for decision on impact or no impact.
25 pts CompetentSummarizes information in paper in a clear and factual manner, pulling together data collected to address the impact of the two constructs on intellectual property laws.
0 pts PoorMinimal information about what or if there is an impact on Intellectual Property laws.
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Introduction
Ghostwriting in scientific and biomedical research has emerged as one of the most contested practices in academic publishing. While legally permissible under copyright law through doctrines such as “work for hire,” ghostwriting is ethically charged, especially in contexts where scientific credibility, patient safety, and academic integrity are at stake. The distinction lies in two parallel constructs: the legal view, which treats ghostwriting as an intellectual property arrangement, and the ethical view, which frames it as a violation of authorship responsibility and a manipulation of scientific trust. This paper examines four ethical and two legal constructs related to ghostwriting, highlighting the tensions they create for research integrity, scientific credibility, and intellectual property law.
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