What I'd like have clarified, though, is how do we continue to deal with the fact that people are actively involved in creating and remixing, and how do we separate those?
I had asked one of the previous witnesses whether or not the language should be clarified in proposed section 29.21 by putting in the Berne three-step provision. I say this because, clearly, user-generated content should not unreasonably prejudice a work. It should not interfere with the normal exploitation of the work. I wonder whether or not that language is clear enough or whether your suggestion, based on the idea of a previous witness, Ms. D'Agostino, about “transformative uses”, would be.
Do you think the word “transformative” covers that, or should we be more specific?