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David Siegel
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Sir Jobo
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Is the source important for fair use?

So let's say I am a game developer, and somehow the game I was working on was leaked on the internet. Since nobody can legally obtain a copy of my game, can all the review of the leaked material be taken down and prosecuted, or is it defended by fair use?

Furthermore, does it matter how much my material spread for it to be enforced by fair use?

This article makes it seem like an unapproved source is enough to disqualify fair use: https://smallbusiness.chron.com/copyright-laws-30-seconds-music-61149.html