The case of the day is Pablo Start Ltd. v. The Welsh Government (S.D.N.Y. 2016). The Welsh government ran a ‘Visit Wales’ tourism campaign, which included photographs of the poet Dylan Thomas that, according to Pablo Start, were subject to copyright and used without permission. The judge explains that Dylan Thomas was “a Welsh-born poet who lived from 1914 to 1953” and who “is best known for his troubled and chaotic personal life and for penning the poem ‘Do not go gentle into that good night.'” Okay, but why that poem? Why not “And death shall have no dominion,” or “The force that through the green fuse drives the flower”? Anyway, the claim was that the Welsh campaign had provided publishers, who were also defendants, with the photographs, which then were published in various media. Pablo Start sued Wales in New York.
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