Intellectual Property,
Constitutional Law
Oct. 25, 2023
Physical takings under copyright law
Demanding the physical surrender of private property to the government when there was no quid provided for this quo ran afoul of the Fifth Amendment.
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.
Last year, we brought you an offbeat takings case under copyright law involving Texas A&M's appropriation of an author's book about a revered practice involving that school's football team. See "Takings and copyright law," Daily Journal, July 27, 2022. That one involved plainly questionable conduct. See Canada Hockey, LLC v. Marqu...
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