Fair use isn't about how you access the material, its about what you can do with it after you legally access it. If you don't legally access it, the question of fair use is moot.
In case you missed it, the other day China showed off their F-35 clone for the PRC military parade. Your constitution can say pigs fly for all George Washington cares, trusting absolutely in IP protection is a game for butthurt chumps.