No. I think that is correct. There is a balance between the user and the copyright. I don't think that is inappropriate for the courts to say.
But the one thing the CCH case did, for example, is look at a series of conditions, or criteria, six of them, to determine whether the use in that particular case was fair. The court said the impact on the market--and there are a whole bunch of these, how much of the work was used, etc.--is a condition, an important condition, but it's by far not the most important condition.
I wonder how this committee would feel about an exception where there is an important impact on the market. Some of the things the court was not able to look at were the impact on innovation, the impact on jobs, the impact on creativity, the impact on cultural policy--