2nd Circuit Clips Sovereign Immunity in Copyright Lawsuit Against Government of Wales
The panel held that while the Welsh government's actions advanced the "legitimate" sovereign purpose of enhancing the country's image and the prosperity of its citizens, it did so in a way that was common to any number of private-sector businesses seeking profit from advertising.
June 08, 2020 at 06:34 PM
4 minute read
The U.S. Court of Appeals for the Second Circuit on Monday allowed a copyright infringement case against the government of Wales to proceed toward trial, finding that its use of rare photographs to promote domestic tourism was not protected by sovereign immunity.
A three-judge panel of the Manhattan-based appeals court upheld a district judge's ruling that the government's 2013 marketing campaign, featuring images of the famous Welsh poet Dylan Thomas, fell within the "commercial activity" exception to the Foreign Sovereign Immunities Act, which generally limits the circumstances under which a foreign power can be sued in U.S. federal courts.
The panel held that while the Welsh government's actions advanced the "legitimate" sovereign purpose of enhancing the country's image and the prosperity of its citizens, it did so in a way that was common to any number of private-sector businesses seeking profit from advertising.
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