Fair use should simply be a clarification of cases when copyright shouldn't apply in the first place for those who think it might apply there. To put it differ

Fair use should simply be a clarification of cases when copyright shouldn't apply in the first place for those who think it might apply there. To put it differently, when copyright starts being harmful to the public, fair use is a more explicit way to rein it in and keep things as they should be. In theory, if the law could be defined with 100% clarity, you wouldn't need fair use as an additional tool to prevent abuse. But things are rarely that clear.