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A third co-author C of a study in 2016 available on-line (under subscription) want to re-use the data (included in the figures or tables) of this paper with for others co-authors (A, B, D, E). Co-authors C and A are in conflict.These data will be presented and analyzed in a different manner to support its own and new data set in a paper that Co-author C want to submit as unique author. Co-author C will only use the published data (and not the raw data) of the study of 2010. Some raw data are available on-line (under subscription). However, co-author C only collected but not processed an insignificant part these data. After asking the editor permission that co-author C have (he is limited to re-use only 3 tables or figures), do co-author C has the right to publish part of theses data in a new paper as a unique author? these data are considered to represent (30%) of the data set for the new paper. Does the co-author C has the right to re-use the data without permission of the others co-authors (A, B, D, E)? The same may be also applied to the raw data already published as supporting data? IS the co-author C allowed to include in "material and method " or in "results" section some brief sentences describing how he gets the some of these data and these previous results in its new paper as unique author? The PI request to include all the co-authors (A, B, D, E) for the new publication of co-author C. Co-author C is not agreed as most of the co-authors (A, B, D, E) did not participate in the elaboration, analyze and writing task of the new paper.

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    I'm not 100% about your field, grants rules etc. But in a boarder sense, if he re-uses "published data" and cite it properly, then he would be fine using the data, and publishing the new paper on his own. – The Guy Jun 22 '17 at 11:55
  • thanks, Also, when you re-use data, may mention the co-author C in "the material and method' section a short summary or a brief paragraph explaining how he gets these data? also, is it possible for co-author C to include and expressed differently in the "results" section the results related to the previous publication? – paski chulo Jun 22 '17 at 12:09
  • I guess so. Data can be interpreted differently (perhaps with not much difference) using different methods carried out by different researchers. – The Guy Jun 22 '17 at 12:24
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    Should be fine. I think the key is to properly cite it and explain the main differences and rationale behind the new interpretations. – The Guy Jun 23 '17 at 9:49
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    If you don't make the raw data available to other researchers to critically re-analyse, then that puts serious doubt on your original publication. The value of our conclusions stem from the fact that anyone can check our findings. If the authors make it hard for no good reason (e.g. sometimes the legal system is not line with the academic system, and not wanting to break the law is legitimate), then that puts serious doubt on the original article. – Maarten Buis Jun 24 '17 at 8:38
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If authors A-E publish data, then author F can freely use that data. Author C has the same rights as author F: The data is public (to subscribers), anyone can use it.

After asking the editor permission that co-author C have (he is limited to re-use only 3 tables or figures), do co-author C has the right to publish part of theses data in a new paper as a unique author?

By stating "[author C] is limited to re-use only 3 tables or figures," the editor only seems to be considering copyright. (The consideration seems rather naive, because using three tables or figures might not constitute a copyright violation.)

You can freely use all published data, you cannot include all published data (that might be a copyright violation).

these data are considered to represent (30%) of the data set for the new paper.

That might be too much data to reproduce -- you'll need to consider copyright issues. This probably isn't an issue, because you needn't reproduce everything, e.g., From A et al. [Their Table 1, X], we can infer Your Table 1.

The same may be also applied to the raw data already published as supporting data?

Yes, you can use all published data.

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