Byrne v. British Broadcasting Corp.

OPINION AND ORDER

STEIN, District Judge.

Christopher Byrne brought this action against the British Broadcasting Corporation alleging that the BBC infringed his copyright in a song entitled “Fenians” (the “Song”) in both the United States and the United Kingdom. The BBC now moves for: (1) partial summary judgment declaring that it did not infringe Byrne’s United States copyright; and (2) dismissal of the action on the grounds of forum non conve-niens. The motion for a declaration of non-infringement is denied because disputed issues of material fact exist on the question of whether the BBC’s use…