London Film Productions, Ltd. v. Intercontinental Communications, Inc., 580 F. Supp. 47 (1984) p.855
international dimensions of copyright
British corporation brought copyright infringement action against New York corporation, which moved to dismiss.
Mere fact that foreign laws are invovled is not a sufficient reason to dismiss the case.
The District Court, Robert L. Carter, J., held that: (1) District Court had jurisdiction, and (2) dismissal on ground of forum non conveniens was not appropriate. The law of Britian and Chile was applied. Motion denied.
District Court had jurisdiction of suit by British corporation against New York corporation alleging that latter violated former's British copyright in certain motion pictures in Chile and other South American countries.
Need to apply foreign law is not in itself reason to dismiss or transfer a case on ground of forum non conveniens.
Dismissal, on ground of forum non conveniens, of suit by British corporation against New York corporation alleging that latter violated former's British copyright in certain films in Chile and other South American countries was not appropriate, notwithstanding that case would likely involve construction of at least one, if not several, foreign laws, where there was no foreign forum in which defendant was subject to personal jurisdiction and neither plaintiff nor defendant demonstrated relative advantage and convenience that another forum would provide.
the court points out that if they don't take jurisdiction, there will be no one else to take jurisdiction. NY is the only place they can get personal jurisdiction over him. Will just apply British law in the USA.
Created on: Thursday, November 18, 1999 at 20:16:37 (PST)