Should foreign governments enjoy sovereign Immunity for commercial activity in the USA?
The Foreign Sovereign Immunities Act (FSIA) gives foreign governments “presumptive immunity of a foreign state in federal court.” Of course, like any good law, there are exceptions. So, when the Welsh Government was sued by a photographer for copyright infringement for using photos in its advertising campaign in the USA promoting tourism, the Welsh Government invoked FSIA.
Do you think the Welsh Government engaged in “commercial activity” (being an exception for immunity under FSIA) in the USA with its advertising campaign? OR, should the Welsh Government be granted immunity against the copyright infringement lawsuit?
According to the US Court of Appeals for the Second Circuit upheld the district’s courts decision. Specifically, “Taken together, this evidence clearly demonstrates that the Welsh Government’s commercial activity had substantial contact with the United States.” Therefore, the copyright infringement lawsuit is based “upon a commercial activity carried on in the United States,” “… and therefore falls within an exception to the immunity recognized by the FSIA.”
Best business practice is to have all marketing be legally compliant with all applicable laws, Federal and State Advertising Law before launching the campaign publicly regardless who you are.
Friendly reminder: Substantiation + transparency = TRUST! Having legally compliant marketing campaigns and business builds trust. Any question? Feel free to contact me. https://calendly.com/audrey-advertisinglaw/30min
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