Judge Gerard E. Lynch of the U.S. Court of Appeals for the Second CIrcuit.
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.
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