The fair use case to show The Interview if Sony will not

Fair use rules involve courts balancing the rights of the copyright owner against the interest of the public. And in the case of The Interview, the public interest case for showing the movie is enormous, given the awful precedent that this piece of censorship is setting. Of the four factors used to test if fair use rules apply, on two really matter: the reason someone is using the copyrighted work, and the effect that his use will have on the market.

The market factor tilts heavily in favor of anyone showing The Interview since, right now, there is no market for the film. And as for the other major fair use factor (known as “the purpose of the use”), there is a good argument that showing the film counts as a so-called transformative use. Unlike Sony’s original intention for the movie, which was as a lowbrow form of entertainment, others who show it would be making a powerful political statement. Does this mean that the fair use case for showing The Interview is open-and-shut? No, it’s not. But the case is strong and, anyway, would Sony really double down by filing copyright lawsuits over a movie that it was too cowardly to release in the first place?