I think fair dealing is a public policy issue. I think it is very problematic if you turn it into a bright line. What the Supreme Court gave us in the 2004 case is the structure, the framework, to do a fair dealing analysis. It's complicated. Is it for permitted use, and how do we apply the six factors they gave us? How much of the work...? Are there alternatives to the work? Can you buy it? There are many factors that go into it.
I think this is a public policy issue. You can shape it, but it should remain nuanced because it doesn't work. It doesn't work if you apply it to poetry or literature or scholarly works. I think you need to have it—