Intellectual Property
Jul. 27, 2022
Takings and copyright law
The legal background is this: Congress had become concerned about copyright infringement by state government entities. The problem is that copyright law is federal. And the Eleventh Amendment precludes suing a state entity in federal court.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
This column usually deals with real estate issues, as they represent the largest group of cases involving the takings (or just compensation) clauses of state and federal constitutions. However, a recent decision of the Fifth U.S. Circuit Court of Appeals in a copyright case has presented the United States Supreme Court with another chance to examine governmental theft of intellectual property.
This is not entirely new ground. The Supreme C...
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