It's not that the solution isn't there, it's that I always wonder about the role of the coalition compared to the role of each of the sectors. I would strongly suggest you ask this question to the Copibecs and Access Copyrights of the world. They will be able to give you an answer.
The other element relates to our general comment. We're talking about “fair dealing”. Do you know the test based on six factors? I'm pretty sure you've heard about it. However, if I ask you to apply it, it may be a bit more complicated. The reason I'm talking about it is that the six-factor test is a test that the Supreme Court has proposed to interpret what constitutes fair dealing. This test was brought before the court three times and led to different results each time. The court has agreed to hear cases year after year to try to clarify its position and interpretation.
This is consistent with the comment made earlier that we shouldn't be there at all. We should have legislation that doesn't lead to interpretation every time we ask ourselves the question. So let's ask the question. If fair dealing is about fair dealing for the purpose of education, there will no doubt be 350,000 questions about what education is. Who would it be in relation to? The student, the university or the educational institution?
All these questions lead to situations in which universities, among others—as we see here in Quebec—will say that, from now on, they no longer have to pay and therefore, they no longer pay. It goes back to Mr. Curley's comment and mine, that it takes away our ability to negotiate. The way to deal with that would be to provide clarification.
You asked to compare what is happening in the United States to what is going on in Canada. Do they have a better relationship? However, there is a fundamental difference between fair dealing and fair use. Here in Canada, we have fair dealing and in the United States, it's fair use. The Americans have set very clear rules that are much simpler than the six-factor test and, in a way, respect the Berne Convention on Copyright.
That's where we get back my answer. I know it's not a straightforward answer, but does it hurt the rights holder? Is it limited in some cases?
When it is written in a law that it is “fair dealing for the purpose of education”, I don't believe, and the coalition doesn't believe, that it meets the criteria of the Berne Convention.