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Texas Court Axes Photographer's Suit Against University

Law360 (June 11, 2019, 6:45 PM EDT) -- A Texas appellate court ruled Tuesday that a photographer couldn’t sue the University of Houston for unconstitutionally “taking” his image, rejecting an unusual effort to sue a state entity over copyrights.

The First Court of Appeals ruled that Jim Olive, who operates Photolive, could not assert a takings claim — where the government takes private property and must compensate the owner — against the public university over claims that it used his copyrighted image without permission.

Olive filed his takings claim because he was barred from filing a more straightforward infringement lawsuit against the university by the Eleventh Amendment's guarantee of state...

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