The problem with fair use is that it's a judicial test, not a right outlined in a statute. The criteria for fair use are subjective and is determined on a case-by-case basis. Most people simply do not have the resources to risk a lawsuit so they will settle, cease and diciest, etc. even though their actions might fall comfortably within a fair use scenario. I would like to see future legislation take this into account. Anti-SLAPP statutes are a good start in this direction, but so far they're mostly designed to reduce the cost of the defense. To be effective, they need to go further and penalize plaintiffs who are determined to have sued in bad faith. I'd like to see many of the fair use cases, news, parity and non-commercial use become part of copyright law.