I would agree.
It's also important to remember that our fair use or our fairness factors, which were developed by our Supreme Court, are actually more in tune with Canadian events. Particularly in the 2004 CCH case, one of the elements our judiciary brought in was this aspect that the presence of a licence is not relevant to deciding whether a use is fair. I think it is important that we keep that front and centre, because that is where the United States went off the rails for a little while, when they started attributing fair use as being applicable only as an antidote to market failure.
I think as long as we are following what our courts have already instructed us, then, yes, “such as” and our own framework of exploration in the act would be very good.