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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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