Can intellectual property infringement be considered a per se physical taking of property?

A Texas photographer has asked the U.S. Supreme Court to reconsider a Texas Supreme Court case that found copyright infringement does not equate to a physical taking of tangible property based on:

• The Supreme Court’s subsequent ruling in Cedar Point v. Hassid;

• Reasoning that the Supreme Court’s decision that per se violations of the Fifth Amendment Taking Clause regarding physical property should also be extended to intellectual property; and

• That sovereign immunity is not a defense to violations of the Fifth Amendment’s Taking Clause and the Fourteenth Amendment’s right to due process obligations.

Read about a Texas photographer’s continued fight against the University of Houston System over photographs of the Houston city skyline, claiming a per se “physical taking” violation.