I think the guidance the Supreme Court gave us in the CCH case, for example, with the six tests that were part of a fair dealing analysis for us. We look at the provision for research and private study. One would ask those six questions when doing a fair dealing analysis. What is the impact of the dealing? How much is it? What are the alternatives to the dealing? Go through all six factors. When you go through all six factors and you end up with “no, this is fair”, you have exhausted any number of other avenues.
You look at, for example, the alternatives to the dealing when the alternative to the dealing is that you can buy a book for $4.95, or whatever the price of the book is. You have to go through each step of that analysis, and do it properly, so you can come up with something that is fair, that fits under the fair dealing analysis.
By following those six steps that were laid out for us, I think you would end up with a very small, specified exception to whatever it is for research and private study, which is the one we conduct most frequently.