One thing I'd like to point out is that this challenge you're outlining is a challenge that pretty much every country looking at their copyright acts has to live with all the time. Everybody is dealing with this, yet we have less than a handful of countries that have an actual “fair use” exception. We have another handful of countries that have a “fair dealing” exception with a narrowed-down list, or an exhaustive list. It is a challenge that exists everywhere.
A mandatory statutory review perhaps would be a way of making sure the bill continues to be up to date. But I think what's very dangerous, and what we do not recommend, is the challenge of trying to identify which uses can be made without compensation without it being handed to the courts. I think that's what happens under fair dealing. And that is the bottom line.