I think we've heard several witnesses emphasize that their materials—their work, their news content—are being used and that they should be compensated for that. If this were use in the way that I think most Canadians would consider use—which is that Google, Facebook or whoever is copying their articles, reproducing them and running ads against them—one could well understand why that would be the conclusion, but the definition that is used in this legislation goes far beyond that. It speaks merely to facilitating access to news, putting it in an index with even just a portion of a work. So, if you link to the front page of The Globe and Mail, the National Post or the Toronto Star, which has some articles there, that's facilitating access to news. If you merely have a link to it uploaded by a member of this committee, or me or someone else, that link is considered facilitating access to news.
I don't think that's use in the way people would think of it. When we say that publishers aren't being paid fairly, that's the kind of thing they shouldn't be paid for. There is no copyright in it and it's not being used, in a way. So if we're talking about compensating for use, the legislation ought to reflect that. I don't believe the definition we have comes anywhere close to doing that.