Copyright Anxiety and Legal Chill in Higher Education: A Comparison of Canada and the United Kingdom (UK)

Abstract

This study builds upon and extends previous research into the phenomenon of copyright anxiety, initially measured through the Copyright Anxiety Scale (CAS) developed by Wakaruk et al. (2021). The primary aims are to explore levels of copyright anxiety within the higher education sectors of the UK and Canada, and to examine whether copyright law and the way it is perceived in these sectors inhibits innovative research and teaching practices. Using an adapted version of the copyright anxiety scale survey, we collected responses from over 500 participants in the UK and Canada during the summer of 2023. Additionally, we conducted seven focus groups with 32 individuals to gain deeper insights into the phenomenon and explore potential interventions.

Our findings indicate that those working in higher education are more worried about copyright than those outside the sector. Copyright concerns can cause significant anxiety and emotional labor, which may lead to legal chill that hampers teaching, research, and the provision of library programs and services. For example, academics may use less appropriate materials due to copyright concerns, negatively affecting pedagogical impact. Librarians, often acting as copyright advisors, may experience heightened anxiety, leading them to provide more risk-averse guidance to users and decision-makers. Future publications from this research will further develop a coding frame and explore options for mitigating copyright anxiety and chill in this sector.