For clarity, they're not in a position to decide whether or not to pay: they must pay. It's the law. That's the way it exists right now.
I've heard the question of clarity brought up several times in the past hour. Ms. Donnelly was asked a hypothetical question a little earlier. I'm paraphrasing here, so correct me if I'm wrong, but she was asked to give a definition of fair use in the sense that could she foresee, with the amendments, if they went through, there would be rampant photocopying of entire works?
With all due respect to Ms. Donnelly, she's not in a position to answer that question. And that's the problem with fair dealing, that it's not spelled out. We would have to go before the courts to get a clear definition of that.