Texas Justices Weigh Novel 'Takings' Copyright Fight

Law360 (February 25, 2021, 8:13 PM EST) -- The Texas Supreme Court questioned during oral arguments on Thursday whether a photographer can proceed with allegations that the University of Houston unconstitutionally "took" his copyrighted image without permission.

Photographer Jim Olive claims that because the university is part of the public University of Houston system, it's a governmental entity that effectively took his private property by using his photos of the Houston skyline on its website. Olive filed the takings claim because he was barred from filing a more straightforward infringement lawsuit against the university by the Eleventh Amendment's guarantee of state sovereign immunity.

In tossing the suit, the lower...

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