US Supreme Court settles long standing “circuit split” on copyright law

In Fourth Estate Public Benefit Corp. v. (586 US ___ (2019)), the US Supreme Court unanimously required copyright holders to await issuance of a copyright registration before initiating copyright litigation via the federal court system. The decision was notable because until the opinion, certain federal circuits found that approval of the application for registration by the Copyright Office was the threshold, known as the “registration approach.” On the other hand, some federal circuit courts, including the Ninth and Fifth Circuits, found that registration was effective upon the filing of the registration application including the associated deposit and fee (the “application approach”).

Fourth Estate drafts and licenses original news articles for client websites while retaining copyright in the articles themselves. is a news website that licensed news stories from Fourth Estate. The two parties maintained a services agreement for news articles which required to remove all articles provided by Fourth Estate in the event the agreement was terminated. After the agreement was at one point terminated, Fourth Estate required that remove their content from its website. After the content was not removed, Fourth Estate initiated a claim for copyright infringement against in the eleventh circuit. Writing for the court, Justice Ginsburg found that “Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright. Upon registration of the copyright, however, a copyright owner can recover for infringement that occurred both before and after registration.”

This change is insubstantial, given that there are multiple avenues for an applicant to seek an expedited registration. For $800.00, works can be registered in a matter of days and not months. As a separate option, the Copyright Office maintains the ability to “pre-register” certain works that may be inclined to be infringed on by others. So, while the split was finally settled, the consequences of settling the split were fairly minor. At least copyright holders around the US can look forward to a consistent set of rules rather than a geographically based patchwork of laws that can affect your interests based on your physical location.

Colorado attorney John A. Arsenault featured on Denver KDVR news

Local television station Denver KDVR recently interviewed attorney John A. Arsenault on the subject of revenge porn, justice for victims, and the current state of the laws in Colorado. Despite strengthening the revenge porn laws in 2018, the current laws are not always sufficient for law enforcement to easily investigate and forensically determine ‘beyond a reasonable doubt’ who is responsible for the unlawful postings. Problems with computer and forensic knowledge make it difficult for law enforcement to properly act and enforce the rights of victims. John A. Arsenault discusses the problems around the circumstances involving a specific individual who called into KDVR seeking justice.

Unbundled Child Support Services

Our Firm Now offers Unbundled Child Support Services

We are developing new tools on our website that allow us to serve clients who wish to have unbundled services better. We have developed a way to help you produce all of the forms that you will need for your child support modification, have a lawyer review them and speak with us regarding your next steps, all at a very low cost to you.

Bald Eagle

Unbundled Services offer freedom and flexibility in an affordable format.

Our attorneys have much experience in the filed of child support modifications. We can help you with your entire motion, or just a small part of it. Give us a call and let us know how we can help you.

Unbundled services allow you greater flexibility in the pursuit of your legal matter. While we believe that it is almost always better to have a lawyer on the case, we know that this is often not possible, or practical. We can help you produce all of the paperwork and make sure that the court will accept if for filing. Have a look at our unbundled child support services page here:

Unbundled child support services:

Click here to read more about our unbundled child support services and JDF 1403 form.

The Colorado Courts also provide several forms that you can fill out on your own (NOTE: these forms are not part or our site and we are not responsible for your use of them): Colorado Child Support Modification Forms JDF 1403 and others.

Contact us at the number above or email us using the form below:

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Count Court Self Help Resources

We are rolling out our county court resources, beginning with the county court answer form.

In Colorado, you can be sued for up to $15,000 in county court. The paperwork usually states how much the plaintiff is seeking. If you have been sued in county court, we recommend contacting our office. We can give you some brief advice regarding what to expect. We can also discuss whether you want to hire our firm, or whether you may want to use an option to fill out an answer, have an attorney review it, and then file it  yourself.

We have made it very simple, you enter information into a form that is sent to an attorney, where it is reviewed and sent out to you, ready to be filed. Further, we speak with you for up to 30 minutes or so to make sure you know what to do from there.

If you want to know more, do not hesitate to call us. Visit our county court answer form page here.

You may or may not already know that many forms are available from the Colorado Court’s website here. (Our law firm cannot be responsible for your use of any of those forms unless it is under our direct advise. Use of this website alone does not constitute such advice.)

Prosecuting Family Law Appeals


Not satisfied with a recent decision in a family law court? We can discuss your case and look at the possibility of an appeal, or asking a higher court to change the decision of the lower court. Have a look at our Colorado appeals page here.

We have added Family Law Appeals to Our Practice.

Appeals can be difficult. We want to discuss your case with you if you are not satisfied with a recent result. You generally do not have much time to file a “notice of appeal,” which preserves your right to appeal.

Upon filing the notice of appeal, you will have a certain amount of time to file the actual appeal, or, better put, the “brief,” which outlines the errors that you believe the court made in your case. There are many different types of errors to assert, let our lawyers discuss your case with you and give you some information to help you decide whether or not to pursue this path.

Please do not hesitate to call us with any questions. It is our belief that a family law appeal can be affordable and effective. Please give us a call if you would like to discuss your case with us. Have a look at our Colorado appeals page here.

Is your organization GDPR compliant ahead of the May 25, 2018 deadline?

The General Data Protection Regulation or (GDPR) is a regulatory framework that strengthens the data privacy rights for European Union (EU) residents . The GDPR is slated to take effect on May 25, 2018. The primary objectives of the GDPR improves the individual’s control over their own personal information, harmonizes privacy and data handling requirements within the EU, and mandates practices from businesses that collect personal information to minimize the likelihood of a data breach of personal information.

If your business collects any personal information from EU residents and you are not already in compliance with the GDPR it is important to make sure that your business is fully compliant with the GDPR. Any and all organizations that conduct business in the EU should have a thorough understanding of how the GDPR can affect their business and its interests. Ensuring compliance is important because organizations found in violation of the GDPR after May 25, 2018 can be fined a minimum of 20 million Euros.

Our internet law attorneys are familiar with the GDPR and how to apply the best practices for your particular business. Consult with an internet attorney who is familiar with the GDPR today via a free consultation.

Bodyguard Productions – Hitman’s Bodyguard Colorado subpoena defense

Over the last several months hundreds of Colorado residents have been delivered subpoenas from their internet service providers like Comcast and Centurylink stating that their personal information is being sought by Bodyguard Productions, LLC, the holding company suing for copyright infringement for the 2017 film the Hitman’s Bodyguard starring Ryan Reynolds. Note that unlike other films sued over in the State of Colorado, this film actually held the #1 spot at the box office for several weeks during 2017, so many fans of the film and Ryan Reynolds may be caught up in this dragnet.


If you received a subpoena from your ISP stating that they will be turning over your personal information to Bodyguard Productions, LLC, or if you received a letter from a law firm in Colorado asking you to contact them in relation a claim of copyright infringement, talk to an attorney first. John A. Arsenault has defended several hundred people accused of copyright infringement in the State of Colorado alone and understands the possible strengths and weaknesses of your specific facts. Mr. Arsenault is familiar with the various law firms involved and can help you assess the options you have via a free consultation. If you want to discuss your options anonymously with a Colorado licensed attorney who understands the facts surrounding these types of copyright infringement claims, follow the Contact Us tab to contact John Arsenault today.

ME2 Productions, Inc. (The Mechanic Resurrection) subpoenas sent out in Colorado

ME2 Productions, Inc. is currently suing Colorado residents in Colorado Federal District Court for Bit Torrent downloads. Starring Jason Statham and Jessica Alba, the Mechanic Resurrection involves Statham taking out the bad guys after being sprung into action. Adding to the list of production companies of independent films trying to sue downloaders of its copyrighted content, ME2 Productions, Inc. follows a similar strategy of having a company research and track Bit Torrent sharing and other applications relying on Bit Torrent such as Popcorn Time and then providing that information to local counsel. Local counsel in each state then initiates a federal lawsuit for copyright infringement and gathers the personal information of targets from their internet service providers such as Comcast and Century Link. Hundreds of Colorado residents have been identified in the various ME2 Productions, Inc. lawsuit. If you have been the target of a subpoena from your internet service provider, please contact our copyright infringement defense attorneys for a free consultation today.

I.T. Productions Copyright Infringement Defense in Colorado

Did you receive a subpoena from your internet service provider (ISP) stating that they are being ordered to turn over your personal information in a federal lawsuit, specifically I.T. Productions? Numerous targets across the Colorado Front Range have received notices over the past few months over the film I.T. As the Bit Torrent infringement litigation model continues to be accepted by federal courts, film studios and other Plaintiffs will continue to file lawsuits as a revenue model and to recover damages from unsuspecting downloaders. I.T. Productions is the company prosecuting on behalf of the film I.T., a 2016 Pierce Brosnan movie. If you have received a subpoena from your ISP we can help defend against a subpoena or against the Plaintiff depending on what stage in the litigation you are in. Our infringement defense team can also help you seek a dismissal or a settlement depending on your factual circumstances. Many caught up in these kind of drag nets often have a valid defense that may result in a dismissal and they aren’t aware of their factual circumstances. Contact our copyright infringement defense attorneys today for a free consultation to discuss your options.

We’ve moved!

The attorneys at Wessels & Arsenault, LLC have recently relocated. Please take note of our new physical and mailing address:

Wessels & Arsenault, L.L.C.
390 Interlocken Crescent Suite 350
Broomfield, CO 80021