Copyright Infringement Defense

It is intimidating to receive a notice in the mail telling you that you are sued or going to be sued in federal court for copyright infringement. The actual costs of copyright litigation can quickly get expensive even during the lead up to a trial. Depositions, damages experts, pre-trial motions, and more can quickly add up to substantial costs and expenses. In cases of damages in controversy of less than $1,000,000.00, copyright litigation can average over $310,000.00 total in attorneys fees and court costs alone.

If you are facing the threat of a copyright infringement lawsuit or if your records are being subpoenaed for an alleged unauthorized download via Bit Torrent or other peer-to-peer or file-sharing networks, the intellectual property attorneys at Wessels & Arsenault, L.L.C. can help. Some Defendants call them “trolls,” while Plaintiffs argue they are merely attempting to protect their copyrights. Depending on the situation, we can recommend to motion to quash the subpoena and try other procedural tactics to ensure that any Plaintiffs aren’t getting away with any short cuts or questionable methods.  Without admitting to liability, our clients have settled a number of cases out of court saving them thousands of dollars in otherwise costly litigation and other court costs. Recent settlements and results regarding alleged copyright infringement during the year 2011 and 2012 include:

  • A photographer sought $4700.00 in damages and the case was settled without litigation for $1500.00.
  • A photographer sought $13,000.00 USD in damages for copyright infringement and the case was settled without litigation for less than $6000.00.
  • A fitness video company sought $15,000.00 USD in damages for copyright infringement related to importations of allegedly infringing materials and the case was settled without litigation for under $1,200.00.
  • Three persons accused of copyright infringement by various newspaper companies (the “Righthaven” cases) had lawsuits against them for copyright infringement dismissed with prejudice.
  • Individuals accused of downloading films in the District Court for the District of Columbia, the Western District of Louisiana, the Southern District of Texas, the District of Maryland, and elsewhere had their claims for copyright infringement dismissed without prejudice.
  • Multiple persons accused of downloading pornography from a peer-to-peer network who had their records subpoenaed from their ISP reached a fair settlement well below the original amount sought by the Plaintiff without being named to a federal lawsuit or admitting to liability.
  • Multiple persons accused of downloading pornography from a peer-to-peer network who had their records subpoenaed from their ISP had their cases dismissed with and without prejudice by the Plaintiffs without having to pay out a settlement.
  • Out of state residents who were sued in Colorado by a Plaintiff adult entertainment studio were dismissed from the lawsuit without having to pay a settlement or sign a confidentiality agreement.
  • Colorado residents who were sued outside the State of Colorado in Federal Court by a Plaintiff adult entertainment studio were dismissed from the lawsuit without having to pay a settlement or sign a confidentiality agreement.

We achieve real results on behalf of our clients accused of infringement and online piracy. Our flat-fee settlement rates are fair and we can help you avoid the costs of litigation to save you real money. We have experience opposing various production studios currently pursuing Bit Torrent or peer-to-peer litigation such as Malibu Media, Elegant Angel, West Coast Productions, Imperial Enterprises, First Time Videos, Lightspeed Media, Sunlust Pictures, Third Degree Films, Hard Drive Productions, Voltage Pictures, Pacific Century Inter., Digital Sin, MCGIP, Third World Media, Patrick Collins, Pink Lotus, AF Holdings, Combat Zone Productions, On the Cheap, Boy Racer, Steele-Hansmeier/Prenda, Copyright Enforcement Group, and more. We are already fighting the next wave of upcoming lawsuits filed for Bit Torrent related infringement by independent film companies such as Killer Joe, LLC, TCYK, Lynn Peak Productions, Dallas Buyers Club, LLC, and others. Of course, if your defenses to the copyright infringement claim are strong enough, we can also seek a dismissal on your behalf without having to go to trial. Don’t pay overpriced intellectual property law attorneys who want to pad their bottom line with high priced hourly rates. Contact us today for a free consultation with an experienced intellectual property litigator familiar with Bit Torrent and Peer-to-Peer networking not just as a lawyer but as an IT professional.

We have experience both pursuing and defending infringement claims and we can evaluate your choices via a free consultation. If you hire us, we can also force the plaintiff to see your case individually and evaluate it on its actual merits. It is possible to prove, before litigation, that the claim is without merit and the “owner” is not entitled to any damages or damages far less than what they are seeking in their letter or lawsuit. Further, it is possible to call certain aspects of a copyright infringement claim into question, causing the accusing company and the lawyers who represent it to reconsider seriously whether a lawsuit is worth pursuing.

Even if you have intentionally or inadvertently violated copyright laws, this does not mean that the owner of the work is entitled to the maximum damages they are stating in their demand. You may indeed not have actually violated the law at all because you may qualify for one or more affirmative defenses to infringement. This does not matter in the eyes of certain right-holders; these organizations operate a system under which they may sue multiple defendants at one time, hoping for quick settlements and some quick payments. If you are being sued or threatened with a lawsuit for copyright infringement, please give us a call.

Located near the U.S. District Court in Denver, Colorado, sophisticated in the latest communications technology, the copyright infringement attorneys at Wessels & Arsenault L.L.C. can help defend your infringement case, even if you are out-of-state or located across the Rockies.  Please call us or contact us using the link above if you are being accused of copyright infringement. The copyright infringement defense attorneys at Wessels & Arsenault service the cities of Boulder, Broomfield, Louisville, Denver, Fort Collins, Telluride, Vail, Breckenridge, Winter Park, Steamboat Springs, Westminster, Arvada, Englewood, Aurora, Thornton, Brighton, Lakewood, Littleton, Colorado Springs, Pueblo, Golden, and the entire Colorado Front Range. We will discuss your options and help you find the right course of action to protect your rights.

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Wessels & Arsenault, L.L.C.
390 Interlocken Crescent
Suite 350
Brooomfield, Colorado 80021
(303) 459-7898

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