Posted on 06/16/2019 5:25:54 PM PDT by aimhigh
A Texas appeals court has ruled that the University of Houston does not have to pay the photographer of a picture it has been using in online and print promotional materials. Houston photographer Jim Olive says the university removed copyright markings from an image downloaded from his stock library, failed to credit him when it was used and wouldn’t pay when he sent a bill, but the university claims it has sovereign immunity and that it can’t be sued.
The case surrounds an aerial image Olive shot from a helicopter hired specifically for making pictures for his library. In an online image search, he found the university was using it on its website and then in printed materials. When it failed to pay an invoice he sent for the usage Olive tried to sue the university, but it claimed that under the Eleventh Amendment it couldn’t be sued as it is a state institution.
In an attempt to get around this Olive tried to sue the University of Houston for taking his property – in which case even government agencies would have to compensate the owner. The Court of Appeals though has said that the university’s actions didn’t comprise ‘taking’ and that Olive will have to pay the university’s legal costs.
(Excerpt) Read more at dpreview.com ...
It might be Texas, but this is still wrong. Sovereign Immunity of a state should NOT extend to blatant and extralegal theft from individuals.
Since its a Federal Copyright, and since Copyright is in the Constitution as a federal domain. I think this man should take his case to Federal court. He is likely to get a better result. As Copyright laws are defended across national boarders, they should be defended across state boarders as well.
Still think you live in a “free” country?
Government is a (vengeful and unforgiving) god and you had better learn to bow, scrape, & worship it.
Your constitutionally enumerated rights are void when the government is involved.
AMEN! When the school removed his copyright markings before using the image, they KNEW they were doing wrong. When caught red-handed, the honorable thing to do would be pay his invoice and move on. Now the court has basically told the university that they are above the law.
Meant to send post # 5 to you.
A university doesn’t have sovereign immunity. thatis complete bullshiite.
A simple question that is unanswered in the article...
Picture of what... exactly?
WTF, over?
Clowns in robes strike again.
Where are these "boarders" sleeping?
This is wrong. Texas is now communist China!
People, people, people. Stop thinking that anything you have on the Internet is safe.
And make money off it?
The professor was NOT amused when I pointed out the hypocrisy of his copying materials to which he did not have a copy right. In addition I questioned the missing "copyright" page from the textbook in his copies.
On the upside ... I aced the class!
individual digital rights is going to be a bigger and bigger issue ... republicans should cease on this.
And there’s the crux of the case... Immunity does not spread downward, it is solely held within the state infrastructure.
More importantly, the appeals court effective held that without the university’s explicit permission, suing the university is universally without merit no matter what the legal issue. The appeals court has given carte blanche to violate any innate human right as well as other explicitly reserved for federal consideration powers by the university with impunity unless their permission is sought and gained first.
I’m sorry, Mr. University, you’re not the state of Texas, you are but a payee, and absolutely no immunity extends to you. The federal appeals court process should have a massive slap down for this ruling.
Nope! They don’t own the rights and the people who do have the right to expect to be paid for their works.
Universities don’t have clue one these days, and judges aren’t far behind in that.
That was clear intent.
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