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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 leads Fasken’s Copyright Group and is a recognized authority in communications and public law, with a particular focus on copyright. He advises Canadian and international clients in the communications and technology sectors on a wide range of regulatory and legal matters, including telecommunications and broadcasting regulation, copyright licensing and liability, and trademark protection.

Jay regularly represents clients before the Copyright Board of Canada and in appellate proceedings before the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada. His work places him at the forefront of legal developments in the regulation of emerging communications technologies. He regularly advises clients on copyright issues associated with the deployment of artificial intelligence.

He has appeared before Parliamentary committees and served as a delegate to the World Intellectual Property Organization (WIPO), representing Canada’s cable and satellite industry. Jay also advises on judicial reviews and appeals of decisions by the Canadian Radio-television and Telecommunications Commission (CRTC) and is a registered trademark agent.

In addition to his litigation and regulatory practice, Jay provides strategic counsel on government relations, representing clients before federal departments and agencies.

Jay's practice is consistently recognized by Chambers Global, Chambers Canada, and the Canadian Legal Lexpert Directory. He was recently named “Lawyer of the Year” for Communications Law (2026) by Best Lawyers in Canada.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Entertainment Law, Canadian Legal Lexpert Directory 2025 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Litigation - Intellectual Property, Canadian Legal Lexpert Directory 2023 to 2026
  • Recognized nationwide as a Leading Partner in Telecoms, The Legal 500 Canada 2019 to 2026
  • Recognized nationwide in Telecommunications & Broadcasting, Chambers Canada 2016 to 2026
  • Recognized in Communications Law and Intellectual Property Law in Ottawa, The Best Lawyers in Canada 2014 to 2026
  • Recognized nationwide in Canada in Telecoms, Media & Broadcasting, Chambers Global 2012 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Telecommunications, Canadian Legal Lexpert Directory 2012 to 2026
  • Recognized as Lawyer of the Year in Communications Law in Toronto, The Best Lawyers in Canada 2026
  • Recognized in IP STARS as a Copyright star in Canada, IP Stars 2023 to 2025
  • Recognized as Recommended in Telecoms Media & Entertainment, Lexology Index 2014 to 2025

Experience

  • 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.], The Federal Court of Canada recently issued an important decision on Internet piracy and statutory damages under the Copyright Act: Odyssey v. Ellas TV, 2018 FC 337 (Court File T-2141-15). The court in its decision rendered a significant monetary award payable to the exclusive copyright licensee....
  • Reference re Broadcasting Regulatory Policy CRTC 2010 167 and Broadcasting Order CRTC 2010 168, 2012 SCC 68, [Case - Confidential Client], In this decision, the Supreme Court of Canada found that the Canadian Radio-television and Telecommunications Commission (the “CRTC”) did not have the legal authority to create a “value for signal” regime. Under a “value for signal” regime, over-the-air broadcasters would have been able to charge...
  • Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36, [Case - Confidential Clients], In this decision, the Supreme Court decided that online music services who provide 30-90 second previews are engaging in “fair dealing” by enabling their customers' research, so they do not infringe copyright. Fasken Martineau was counsel to Bell Canada, Rogers Communications Inc., Rogers Wirel...
  • Canada's largest wireless carriers and largest cable operator win important intellectual property case before Federal Court of Appeal, [Case - Confidential Clients], On May 14, 2010, the Federal Court of Appeal issued its decision relating to whether or not musical "previews" available on the Internet qualify for the "research" fair dealing exception under section 29 of the Copyright Act and are therefore not an infringement of copyright. In this regard, the ...
  • CRTC Telecom Public Hearing to consider Part VII application by TELUS Communications Company, [Case - TELUS], CRTC Telecom Public Hearing to consider Part VII application by TELUS Communications Company seeking an order directing Shaw Cablesystems Ltd. to pay monthly and non-recurring charges relating to Shaw-owned facilities and equipment attached to TELUS' support structures - May 9, 2008 (Calgary).
  • Copyright Board of Canada hearing to determine SOCAN Tariff 16, 2007-2008, [Case - Confidential Client], Copyright Board of Canada hearing to determine SOCAN Tariff 16, 2007-2008 (Music Services for Background Use), January 2008 (Ottawa).
  • Copyright Board of Canada commences hearing to determine the CSI Online Music Services Tariff, [Case - Confidential Client], Copyright Board of Canada hearing to determine the CSI Online Music Services Tariff, 2005-2007 (Reproduction of Musical Works by Online Music Services), September 2007.

Career & Education

Education

  • LLB Queen's University
  • BA, Political Science Carleton University
  • BAA, Journalism Toronto Metropolitan University (formerly 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

  • Canadian Broadcasting Regulation in 2025 and Implications for the Year Ahead: Consultation, Course Correction, and Continuing Uncertainty, 2/25/2026
  • AI and Copyright - Who owns AI-generated content?, 9/22/2025
  • AI and Copyright - AI-generated deepfakes and the law, 9/15/2025
  • AI and Copyright - Training AI with copyrighted material, 9/8/2025
  • First Decision Finding Copyright Infringement in Generative AI, 3/19/2025
  • Bill 73: Legislating the Non-Consensual Sharing of Intimate Images, 2/6/2025
  • Tipping the Balance on EU Copyright Protection: Some Members Call for Legislation to Deal with Unequal Protection in Non-EU Countries, 1/29/2025
  • 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

  • Unleashing the Digital Genie: The Legal and Practical Challenges of AI in Media and Entertainment, 11/26/2024
  • Telecom, Broadcasting and Media Trends 2023, 10/26/2023
  • 5G Wireless: Opportunities and Practical Challenges Facing Business and the Legal Industry, 11/10/2020
  • Deploying 5G Network Solutions in Resource Development Projects, 3/3/2020
  • Fasken Video Game Industry Forum, 9/30/2019
  • Ottawa Fasken Martineau Symposium (4th Edition), 5/13/2014
  • Ottawa Fasken Martineau Symposium (3rd Edition), 5/8/2013

News

  • Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized, 9/4/2025
  • Jay Kerr-Wilson comments on copyright protection in the video game industry on CBC News, 8/6/2025
  • Jay Kerr-Wilson comments on Québec’s new law aimed at accelerating the removal of non-consensual intimate images shared online on City News, 6/4/2025
  • Jay Kerr-Wilson comments on the lawsuit filed against OpenAI by Canadian media outlets in CBA National Magazine, 12/5/2024
  • Jay Kerr-Wilson comments on legal issues surrounding live streams of Taylor Swift concerts in The Canadian Press, 11/23/2024
  • Fasken Wins “Workers' Compensation Law Firm of the Year” and “Mining Law Firm of the Year” in the 2022 Best Lawyers in Canada Guide, 8/26/2021
  • Thirteen Fasken lawyers recognized as IP Stars by Managing Intellectual Property, 8/4/2021
  • Fourteen Fasken lawyers recognized as IP Stars by Managing Intellectual Property, 6/22/2020
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Fasken’s Julie Desrosiers recognized in the 2019 edition of IP Stars Top 250 Women in IP, 6/6/2019

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
  • Strangers in the Dark: Parliament, the Supreme Court and Copyright Reform, 4/26/2012
  • CRTC Issues Internet Traffic Management Policy, 10/26/2009
  • Intellectual Property: The Year 2008 in Review, 2/13/2009
  • Amendments to the Copyright Act, 6/17/2008
  • Intellectual Property: The Year 2007 in Review, 2/14/2008
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
  • Copyright Master Class, 7/30/2018
  • Collective Management of Copyright, 1/23/2018
  • International Issues and Copyright Treaties, 8/2/2017
  • International Issues and Copyright Treaties, 8/4/2016
  • The Canadian Rights Market, 5/5/2016
  • Copyright Law Update, 2/3/2016
  • Cloud Computing and Copyright Law, 3/10/2015
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