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JIM OLIVE PHOTOGRAPHY v. UNIV. OF HOUSTON

No. 19-0605.

624 S.W.3d 764 (2021)

JIM OLIVE PHOTOGRAPHY d/b/a/ Photolive, Inc., Petitioner v. UNIVERSITY OF HOUSTON SYSTEM, Respondent.

Supreme Court of Texas.

Opinion Delivered: June 18, 2021.

Attorney(s) appearing for the Case

Constance H. Pfeiffer, for Amicus Curiae Mossoff, Adam.

Thomas Maddrey, Alicia Calzada, Mickey H. Osterreicher, for Amici Curiae North American Nature Photography Association, Graphic Artists Guild, Inc., Digital Media Licensing Association, Inc., Professional Photographers of America, American Photographic Artists.

Saurabh Vishnubhakat, College Station, for Amicus Curiae J. Glynn Lunney, Professor of Law.

Mickey H. Osterreicher, Thomas Maddrey, for Amicus Curiae American Society of Media Photographers.

Alicia Calzada, Mickey H. Osterreicher, for Amicus Curiae National Press Photographers Association.

David M. Gunn, Joe W. Redden Jr., Owen J. McGovern, Houston, for Petitioner.

Jeffrey C. Mateer, Austin, Anne M. Mackin, Warren Kenneth Paxton, Austin, Ryan Lee Bangert, Bill Davis, Rance L. Craft, Austin, for Respondent.

The issue in this interlocutory appeal from the denial of a plea to the jurisdiction is whether a copyright infringement claim against a governmental entity may be maintained as a constitutional takings claim. The court of appeals concluded "that a governmental unit's copyright infringement is not...

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