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Jay Kerr-Wilson Ottawa Lawyer

Gerald (Jay) Kerr-Wilson

Partner | Trademark Agent Fasken
The ever-increasing pace and dynamic nature of technological development is a direct challenge to a system of statutory and regulatory rights and obligations that has not adapted to these changes.
Jurisdiction Ontario, 1999
Language(s) English
Office(s) Ottawa
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Overview

Jay Kerr-Wilson is the co-leader of the Technology, Media and Telecommunications group and practices primarily in the areas of communications and public law, with a particular emphasis on copyright. Regularly representing both Canadian and foreign communications and technology companies, Jay advises clients on issues related to telecommunications and broadcasting regulation, trademarks, and copyright licensing and liability.

Jay represents large and small, Canadian and foreign communications and technology companies in proceedings before the Copyright Board of Canada, advising them on issues related to copyright licensing and copyright liability. Regularly representing clients in appeals and judicial reviews before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada, Jay is at the forefront of the debate surrounding the regulation of rapidly evolving communications technologies.

Jay has testified before Parliamentary committees, and served as a delegate to the World Intellectual Property Organization's (WIPO) Standing Committee on Copyright and Related Rights, on behalf of Canada's cable and satellite industry.

He represents clients in appeals and judicial reviews of decisions of the Canadian Radio-television and Telecommunications Commission (CRTC) and the Copyright Board of Canada. He is also a registered trademark agent.

Jay’s experience extends to government relations, where he routinely represents clients before federal departments and agencies.

Jay has been recognized as a leading practitioner in his field by Chambers Global, Chambers Canada, and the Canadian Legal Lexpert Directory.


Achievements

Client Work

  • CMRRA v. Apple et al and SOCAN v. Apple et al, [Case - Spotify and Bell Canada], FCA upholds Copyright Board decision to lower royalties paid for on-demand streaming and emphasizes importance of deference to expertise of Copyright Board
  • ESA v. SOCAN, 2020 FCA 100, [Case - Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Google Canada, Quebecor Media, Rogers Communications and Shaw Communications], FCA overturns Copyright Board decision that recognized "making available" as an exclusive right, and would have required payment of double royalties for downloads.
  • Odyssey et al v. Ellas TV et al, 2018 FC 337, [Case - Odyssey Television Network Inc. and 2371349 Ontario Inc.]
  • Reference re Broadcasting Regulatory Policy CRTC 2010 167 and Broadcasting Order CRTC 2010 168, 2012 SCC 68, [Case - Confidential Client]
  • Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36, [Case - Confidential Clients]
  • Canada's largest wireless carriers and largest cable operator win important intellectual property case before Federal Court of Appeal, [Case - Confidential Clients]
  • CRTC Telecom Public Hearing to consider Part VII application by TELUS Communications Company, [Case - TELUS]
  • Copyright Board of Canada hearing to determine SOCAN Tariff 16, 2007-2008, [Case - Confidential Client]
  • Copyright Board of Canada commences hearing to determine the CSI Online Music Services Tariff, [Case - Confidential Client]

Career & Education

Education

  • LLB Queen's University
  • BA, Political Science Carleton University
  • BAA, Journalism Ryerson University

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Intellectual Property Institute of Canada
  • Member, Canadian IT Law Association (IT.Can)
  • Member, American Intellectual Property Law Association

Knowledge

  • Fasken Communications Law Triannual Update, 11/13/2024
  • Canada’s Consultation on Copyright and Generative AI: A Look at the Submissions Received, 7/22/2024
  • Fasken Communications Law Triannual Update, 5/28/2024

Events

News

Publications

  • Quatre décisions majeures de la Commission du droit d’auteur en 2018 (pages 315 to 323), 5/1/2019
  • The Canadian Rights Market Under Siege: The “end of times” or merely another link in the evolutionary chain?, 4/21/2016
  • What You Need to Know About IP Management: Avoiding IP Risks in a ‘BYOD’ World, 6/17/2013
Article Quatre décisions majeures de la Commission du droit d’auteur en 2018 (pages 315 to 323) Les Cahiers de Propriété Intellectuelle – Volume 31, No. 2
Article What You Need to Know About IP Management: Avoiding IP Risks in a ‘BYOD’ World

Speaking Engagements

  • Foundations of Copyright: International Issues and Copyright Treaties , 7/23/2024
  • Intellectual Property in the time of COVID, 5/7/2020
  • Law 101 for Creators, 9/30/2018
Speaker Foundations of Copyright: International Issues and Copyright Treaties IPIC-McGill Copyright Master Class location location Montréal, QC
Speaker Intellectual Property in the time of COVID
Speaker Law 101 for Creators The 6th annual Buffer Festival 2018 location location Toronto, ON, Canada

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