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Gilles Daigle is a partner in Gowlings' Ottawa office, practising in the areas of administrative and communications law. A member of the Advocacy Department and Copyright Group, Gilles's copyright law practice includes extensive involvement in proceedings before the Copyright Board of Canada, including current proceedings on the potential copyright liability of Internet access and service providers for music performing rights (a matter which has since been heard by the Supreme Court of Canada, before which Gilles appeared as co-counsel for the Respondent).
Gilles has provided legal opinions on issues relating to the Canadian Copyright Act, and drafts and negotiates copyright assignment and licensing agreements in connection with music and book publishing, software development and new media. He is an expert on entertainment law matters, including management and agency contracts, agreements for live performances and music recording contracts, and has prepared television broadcast licence agreements, as well as television and stage production and co-production agreements.
Gilles also provides advice and representation on regulatory matters before the Canadian Radio-television and Telecommunications Commission (CRTC). He represents clients in the courts of Ontario and the Federal Court of Canada, primarily in civil litigation and judicial review proceedings.
Gilles was the lead partner in the SOCAN//NRCC/CSI Satellite Royalties case, Managing Intellectual Property's 2010 Canadian Copyright Case of the Year. Similarily, he was the lead partner for same award in 2009 for his involvement in the Canadian Wireless v Society of Composers Authors and Music Publishers case.
He practises in both official languages. In 1995, he was seconded to the legal directorate of the CRTC for a 12-month period as Commission counsel. During that period, he was involved in a number of high profile Commission proceedings, including the licensing of direct-to-home (DTH) satellite distribution undertakings and the Commission's determination of issues relating to violence in television programming.
Since his return to Gowlings, Gilles has advised Canadian and non-Canadian clients on several policy and regulatory matters falling within the CRTC's jurisdiction, including foreign ownership issues, the preparation of interventions, disputes between Canadian carriers and Internet service providers, disputes between competing broadcasting distribution undertakings, ethnic broadcasting policy and the Commission's licensing framework for pay and specialty television services.
In 1994, he was co-counsel in the successful defence of a corporation accused of copyright infringement as part of a high profile "test case" pursued by the federal authorities under the criminal provisions of the Copyright Act. Gilles appears frequently as guest lecturer on copyright and other issues at the University of Ottawa's Faculty of Law.
- Guest speaker, University of British Columbia Continuing Education Series: Artists as Entrepreneurs – Vancouver (November 12, 2003).
- Moderator, International Conference on National Copyright Administration – Ottawa (October 8–11, 2003).
- Author, Developments in Canadian Communications Law, prepared annually since 2000 for the ABA’s yearly report.
- Guest speaker, Music and the Internet, Canadian Institute conference on trade marks and copyright – Toronto (February 2002).
- Author, Copyright Board Breaks New Ground on Internet Issues, Gowlings' IP Report Volume 8:1 (January 2000).
- Guest speaker, Case Commentary: Performing Rights Organization of Canada Ltd. et al v. CTV Television Network Ltd. et al., Canadian Literary and Artistic Association (ALAI) conference – Montréal (March 1993).
- Co-author with Y. A George Hynna, “Broadcasting and Copyright: Update on Recent Developments Affecting Broadcasters in Regard to Retransmission Rights, Music Use By Pay and Specialty Services and Ephemeral Rights,” prepared for LSUC/CBA Sixth National Conference on Canadian Communications Law and Policy – Toronto (April 1992).
- Co-author with Y. A. George Hynna, “The Copyright Board – Valuation Approaches in Fixing Royalties,” prepared for CBA conference on copyright issues – Ottawa (March 1992).
- Co-author with Y. A George Hynna, “Do Real Men Dance?: The Great Choreography Debate,” Gowlings Communiqué newsletter (August 1990).
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