Yes, I think it should be.
The CCH case was a case that sounded a very strong signal that copyright is a balance, one of both creator rights and user rights, and it sought implementation and interpretation of copyright in that balanced fashion. I think that was the right thing to do.
I think what the courts have done on fair dealing is send a signal that this is a user right. It's an integral part of the Copyright Act, and it needs to be interpreted in a flexible fashion. But there are still limits. So the Canadian courts have established limits that say that it isn't a “free for all”, it is a “fair for all”.
I think building in that kind of flexibility achieves a number of things. First, it's consistent with what the court had to say. I think it actually provides great benefits to creators, users, and businesses that are trying to be innovative. It also addresses the issue that came up with the earlier question of why this is all taking so long or is taking too long. I think if we go to the sort of piecemeal approach with respect to fair dealing...
I think almost everybody will, at this stage, agree that we need to deal with parody. We need to deal with time-shifting and the recording of television shows. We could probably identify a half-dozen or so things that almost everybody would agree we need.
The reality is that the day after this legislation passes, there are going to be people coming up to you again saying that you didn't address their issue. We need this additional piecemeal thing, and we're going to spend a decade getting into those kinds of debates. A flexible, forward-looking approach says that we're not going to specifically define the categories, but what we are going to ensure is that we have fairness built into the process--fairness for both sides.