Case Releases: How to Avoid a Publication Horror Story
Case writers using primary data1 to create a case must provide a written case release before the case can be published in The CASE Journal. The case release grants the journal permission to publish a case that includes data developed from proprietary information (interviews, observations, internal documents and the like). The release process is essential for three reasons: protection, validity and relationship building (Rock, 2012).
Protection. In the increasingly litigious world we live in, inappropriate use of proprietary data may result in legal action for defamation and libel (Emerald Publishing, 2021). Permission to publish forms or case releases may be needed to protect both the publisher and the case writer from legal action when primary data sources are incorporated into a case. Defamation is defined as the “offense of injuring a person's character, fame or reputation by false and malicious statements.” (Garner and Black, 2019). Libel is a particular type of defamation referring to the publication of statements that cause damage to the reputation or livelihood of an individual or organization (Garner and Black, 2019).
Emerald Publishing Group (publisher of The CASE Journal and Emerging Markets Case Studies) advises case writers “to inform the subject (person or organization) and to seek their consent” (Emerald Publishing, 2021) before submitting the work. The consequences for defamatory statements include publication of a retraction notice or the retraction of the case from the online version of the journal (if legally required). The case release form used by Emerging Markets Case Studies is provided as Exhibit 1.
Release forms provide assurance that “the participating organization is knowingly and willingly providing information for dissemination and educational use” (Rock, 2012). Signed releases provide protection for the publisher and the case writers for cases based on primary data. If only secondary data sources were used, the expectation is that those sources will be appropriately cited, but no release is needed.
Validity. Sound research methodology requires assurance of the validity of the data gathered. Emerald's Publication Ethics requires that the “research has been conducted with the highest standards of rigour and integrity” and that “the work does not include libellous, defamatory or unlawful statements” (Emerald Publishing, 2021). The case release allows the individual or organization to review the data provided and correct any misconceptions or misrepresentations contained in the case. Case writers often rely on this process to secure the cooperation of the individuals or organizations in the case writing process. The promise to permit the individual to review the case and make any corrections before publication may be critical to gaining their consent to participate in the case research process.
Relationship building. Case writing is one way to bridge the gap between research and practice. Good relationships between case writers, educational institutions and the individuals and research sites (organizations) are essential to case research. Case writers depend upon gaining the business community's cooperation in case research through a mutual understanding that the case will contribute to student learning and development. Case writers must also “respect and protect the legitimate confidentiality and privacy concerns of the organization and individuals involved” (Rock, 2012).
Stages of case release
It is not uncommon for case writers to use several stages of releases depending upon the complexity of the case and organization. Three stages come to mind:
Preliminary or initial release – The objective of this release is to inform the individual of the process that will be used to develop the case (informed consent), the confidentiality of any data gathered, and to gain permission to proceed with the case research. A signed and dated initial release opens the door for case research to begin. Without this agreement, the case writer would need to move on to another organization or write the case using only publicly available sources.
Intermediate case release – Some case writers seek individual releases from any directly quoted individual in the case. These releases are obtained after the main case has been developed but before submitting it to a conference, teaching it in a class, or sharing it with key individuals in the organization. The purpose is to allow the individuals to review how they are portrayed in the case and provide them with an opportunity to make any corrections they wish before senior executives can review the case. Although the case writer has faithfully quoted the individual, he may not wish to have his superiors see his statements and may wish to soften them or otherwise make changes. This type of release is not required for publication but may be necessary for maintaining a good relationship with the employees and the organization. Compact Cases are less likely to require this type of release as the word limit often does not permit quotes from multiple individuals.
Final release to publish – This is the release required by most publishers before publication of the case, whether standard length or Compact Case (Exhibit 1). Generally, the consent to publish must be signed by someone one level higher than the position held by the primary source (Vega, 2017). The primary source may wish to have the organization's legal counsel review the case before signing the consent to publish. Although there are horror stories in the case writing community about legal counsel advising executives not to authorize the publication of cases, clearing any legal objections may help secure the executive's consent. Meeting with the executive and the legal counsel may be necessary to iron out any conflicts. Ask, “What can reasonably be done so that the case is acceptable to you?” (Rock, 2012). Accommodating organizational concerns may be enough to secure a favorable outcome but be prepared to move on to another project if the executive and legal counsel do not sign the consent to publish. Remember to share your “horror” story over a cocktail at the next case writers workshop you attend! Someone may offer to buy you a drink to commiserate!
No release necessary for instructor’s manual
If you have used primary data of any sort in developing your case, you must obtain a signed consent to publish form and provide it to the publisher. The Instructor's Manual does not need to be reviewed by the organization and its executives before publication. The Instructor's Manual contains your analysis of the case situation and should not contain any data that was not already included in the case itself. Because the Instructor's Manual is not published (only provided to authorized instructors), it does not require a signed consent. However, that does not mean that libelous, defamatory or unlawful statements should be included in the IM. Case writers need to preserve any relationship between themselves and executives for ongoing community/university partnerships or the development of future cases. Do not risk that relationship by including inappropriate negative statements in the event the executives somehow gain access to the IM.
Case release frequently asked questions
Q1. Is a case release required for disguised cases even though I have changed the names of all quoted individuals and the company?
A1. YES, even disguised cases developed using primary or proprietary data require a signed case release before they can be published. The release protects the case writer and publisher from legal action should the true identities become known.
Q2. I cannot get the legal department to agree to authorize the publication of the case. Can I disguise it and publish it without a release?
A2. NO, a case release is always necessary when primary or proprietary data is used in developing the case. You could rewrite the case using publicly available data sources, remembering to cite any sources appropriately. Alternatively, you could file the case away and wait for time to pass. Sometimes sources will agree to sign a case release after the case event is no longer current news. You might also explain to the executives that the publication process is likely to take between six months to one year. The events will no longer be “current” or strategically relevant to competitors after that time.
Q3. What should I do if the protagonist will not sign the case release no matter what I do?
A3. Most case journals do require a signed case release if primary data has been used. It will not be worth your time to withdraw the case from one journal and submit it to another. The outcome will most likely be the same regardless of the journal you choose. Without a release, the case is unpublishable. You could put it in your desk drawer for a while, as described in A2. However, your most likely recourse will be to move on to new projects. Consider obtaining a preliminary case release on any future project to avoid this same disappointing outcome. Getting a signed preliminary release is no guarantee that executives will sign a final case release. Still, permission troubles at the beginning of the process may be a warning signal of potential problems later.
In this issue
This issue includes seven cases (Table 1) focused on a wide variety of companies, locations and issues. Each case has a strong IM providing effective teaching strategies, theoretical linkages and complete answers and analysis to all discussion questions. TCJ IMs have been rigorously peer reviewed to ensure that adopting faculty can teach these cases as well as the authors. Enjoy!
Disclaimer. This case is intended to be used as the basis for class discussion rather than to illustrate either effective or ineffective handling of a management situation. The case was compiled from published sources.
Note
Primary data is often defined as data collected by the researcher through in person interviews, observations and internal records. Secondary data is available publicly such as journalistic articles, websites and social media.
References
Exhibit 1
Consent to Publish-Release Form (Adapted from Emerald Publishing, 2021)
Final Release to Publish
Case Study Title
Author
I hereby confirm that I have reviewed the above-entitled case study in full and on behalf of the organization in question, I provide my full permission for the case to be published in its entirety for the life of the work in all languages, and all formats by Emerald Group Publishing for commercial distribution.
By signing this form, I warrant that I am authorized to grant full permission.
Name
Position
Address
Organization
Signature
Date Reviewed and Signed
Exhibit 2
Preliminary or Initial Release (Naumes and Naumes, 2015)
Case Writer’s Personal Contact Information
To: [Case Writer]
I give my permission for a case study analysis of [company name] to be conducted.
I understand that I, or my assigned representative(s), will be given the opportunity to review the case for accuracy and will receive a copy of the final report for my use. I also understand that the information obtained may be used in the classroom, for presentation at professional conferences, and for publication in journals and/or textbooks.
By my signature, I affirm that I am authorized by my company to grant such permission.
Signature
Name (please print)
Title
Date
