'Fair'? That seems an invalid concept here. What is 'fairness', assuming a strict copyright system? -- it is a race with the qualifying runner, but where no others are allowed to run! That is a strange notion of fairness.

But 'fairness' is just a diversion: these copyright trade monopolies are supposed to prevent competition (of distribution), that is their point. That is how they increase one kind of revenue and so supposedly increase production.

When non rights-holders are copying/distributing it is competition de facto -- according only to the basic rules of physics. And it can therefore be an important signal: because what is basically physically possible is what the economy should really be aiming for. If people can distribute informational goods themselves better than the authorised channels, those channels are clearly underachieving according to the real baseline measure.