100-616: The Berne Convention for the Protection of Literary and Artistic Works , usually known as the Berne Convention , was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work . They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under
200-810: A chiptune -style track composed by the Finnish demoscene artist Janne Suni . This was considered plagiarism by some. Timbaland , "Do It " 's producer, admitted to sampling Suni's work, but did not believe his usage constituted "stealing", calling the allegations "ridiculous". Although users had noted the similarities between the two tracks on Finnish demoscene forums in July 2006, the Timbaland plagiarism controversy attracted mainstream attention in January 2007, when Internet users posted videos to YouTube alleging Timbaland had plagiarized Suni's work. Soon afterwards,
300-483: A Finnish representative of Universal, which represents Nelly Furtado in Finland, commented the controversy as follows in the January 15, 2007, issue of Iltalehti : In case that the artist decides to pursue the matter further, it's on him to go to America and confront them with the local use of law. It will require a considerable amount of faith and, of course, money. The first legal action against Universal Finland
400-591: A conversion/arrangement of the Acidjazzed Evening which was not released commercially. This arrangement was made on the Commodore 64 computer. It was authorized by me, and Glenn Rune Gallefoss explicitly asked for permission before releasing the arrangement. On February 16, 2007, he added the following note: I'll correct one persistent misconception: I have been using the services of a law firm since September 2006. Things are gradually developing behind
500-572: A daily maximum temperature of 24.3 °C (75.7 °F). The highest temperature recorded at Bern / Zollikofen is 37.0 °C (98.6 °F), recorded in August 2003 . On average, a temperature of 25 °C (77 °F) or above is recorded 40.7 days per year, and 6 days per year with a temperature of 30 °C (86 °F) or above at Zollikofen, and the warmest day reaches an average of 32.1 °C (89.8 °F). There are 103.7 days of air frost, and 22.3 ice days per year at Bern (Zollikofen) for
600-532: A different Berne member country. This means Berne member countries can require works originating in their own country to be registered and/or deposited, but cannot require these formalities of works from other Berne member countries. Under Article 3, the protection of the Convention applies to nationals and residents of countries that are party to the convention, and to works first published or simultaneously published (under Article 3(4), "simultaneously"
700-477: A large city-state and a prominent actor of Swiss history by pursuing a policy of sovereign territorial expansion. Since the 15th century, the city was progressively rebuilt and acquired its current characteristics. Bern was made the Federal City in 1848. From about 5,000 inhabitants in the 15th century, the city passed the 100,000 mark in the 1920s. The etymology of the name "Bern" is uncertain. According to
800-611: A member of the Municipal Council. Contrary to most other municipalities, the executive government in Bern is selected by means of a system of Proporz . The mayor is elected as such as well by public election while the heads of the other directorates are assigned by the collegiate. The executive body holds its meetings in the Erlacherhof , built by architect Albrecht Stürler after 1747. As of 2021 , Bern's Municipal Council
900-401: A number of specific exceptions, scattered in several provisions due to the historical reason of Berne negotiations. For example, Article 10(2) permits Berne members to provide for a "teaching exception" within their copyright statutes. The exception is limited to a use for illustration of the subject matter taught and it must be related to teaching activities. In addition to specific exceptions,
1000-567: A photograph published online in Germany was not a US work. As a result, Timbaland prevailed on summary judgment and the court dismissed the lawsuit. Timbaland's attorneys in the U.S. case included noted entertainment litigator Jeffrey D. Goldman . The earliest Internet forum posts suggesting that "Do It" was based on "Acidjazzed Evening" date back to July 2006, and according to the Finnish news portal eDome , "Suni and other demoscene hobbyists" already knew about it at this time. One of
1100-537: A population of 406,900 in 2014. The metropolitan area had a population of 660,000 in 2000. Bern is also the capital of the canton of Bern , the second-most populous of Switzerland's cantons . The official language is German , but the main spoken language is the local variant of the Alemannic Swiss German dialect, Bernese German . In 1983, the historic old town (in German : Altstadt ) in
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#17327651917841200-540: A result of the finding of the Bern zinc tablet in the 1980s, it is now more common to assume that the city was named after a pre-existing toponym of Celtic origin, possibly *berna "cleft". The bear was the heraldic animal of the seal and coat of arms of Bern from at least the 1220s. The earliest reference to the keeping of live bears in the Bärengraben dates to the 1440s. No archaeological evidence that indicates
1300-595: A settlement on the site of today's city centre prior to the 12th century has been found so far. In antiquity, a Celtic oppidum stood on the Engehalbinsel (peninsula) north of Bern, fortified since the second century BC (late La Tène period ), thought to be one of the 12 oppida of the Helvetii mentioned by Caesar . During the Roman era , a Gallo-Roman vicus was on the same site. The Bern zinc tablet has
1400-514: A witness of prosecution in the Helsinki court in Gallefoss's case against Universal Music Finland. The Finnish court reportedly threw out the case after ruling in only one aspects of the three claims (sampling, performance rights, producer rights), and the case remained in appellate court as of January 2010. On June 12, 2009, Mikko Välimäki, who is one of the legal counsels of Kernel Records,
1500-406: A work is published in a party country and nowhere else, this is the country of origin. However, under Article 5(4), when a work is published "simultaneously" ("within 30 days") in several party countries, the country with the shortest term of protection is defined as the country of origin. For works simultaneously published in a party country and one or more non-parties, the party country
1600-403: Is State Chronicler ( Staatsschreiber ) since 2008. He has been elected by the collegiate. The Stadtrat of Bern for the mandate period of 2021–2024: The City Council (de: Stadtrat , fr: Conseil de ville ) holds legislative power . It is made up of 80 members, with elections held every four years. The City Council decrees regulations and by-laws that are executed by the Municipal Council and
1700-665: Is also a member of Berne, and so the BAC has also become nearly obsolete and is essentially deprecated as well. Since almost all nations are members of the World Trade Organization , the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires non-members to accept almost all of the conditions of the Berne Convention. As of October 2022, there are 181 states that are parties to
1800-404: Is defined as "within 30 days") in a country that is party to the convention. Under Article 4, it also applies to cinematic works by persons who have their headquarters or habitual residence in a party country, and to architectural works situated in a party country. The Convention relies on the concept of "country of origin". Often determining the country of origin is straightforward: when
1900-406: Is devoted to transport infrastructure. Power and water infrastructure, as well as other special developed areas, made up 1.2% of the city, while another 6.5% consists of parks, green belts, and sports fields. Of Bern's total land area, 32.8% is heavily forested. Of the agricultural land, 13.3% is used for growing crops and 4.4% is designated to be used as pasture. Local rivers and streams provide all
2000-520: Is largely medieval and has been recognised by UNESCO as a Cultural World Heritage Site . Perhaps its most famous sight is the Zytglogge (Bernese German for "Time Bell"), an elaborate medieval clock tower with moving puppets. It also has an impressive 15th century Gothic cathedral, the Münster , and a 15th-century town hall. Thanks to 6 kilometres (4 miles) of arcades, the old town boasts one of
2100-454: Is made up of two representatives of the SP ( Social Democratic Party ), and one each of CVP ( Christian Democratic Party ), GFL ( Grüne Freie Liste a.k.a. Green Free List, who is the newly elected mayor since 2017), and GB ( Green Alliance of Bern ), giving the left parties a very strong majority of four out of five seats. The last regular election was held on 29 November 2020. Dr. Jürg Wichtermann
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#17327651917842200-516: Is the country of origin. For unpublished works or works first published in a non-party country (without publication within 30 days in a party country), the author's nationality usually provides the country of origin, if a national of a party country. (There are exceptions for cinematic and architectural works.) In the Internet age, unrestricted publication online may be considered publication in every sufficiently internet-connected jurisdiction in
2300-548: Is today the canton of Bern and the canton of Vaud . The city grew out towards the west of the boundaries of the peninsula formed by the river Aare . The Zytglogge tower marked the western boundary of the city from 1191 until 1256, when the Käfigturm took over this role until 1345. It was succeeded by the Christoffelturm (formerly located closer to the site of the modern-day railway station) until 1622. During
2400-467: Is used for agricultural purposes, while 17.21 km (6.64 sq mi) or 33.3% is forested. Of the rest of the land, 23.76 km (9.17 sq mi) or 46.0% is settled (buildings or roads), 1.08 km (0.42 sq mi) or 2.1% is either rivers or lakes, and 0.14 km (0.054 sq mi) or 0.3% is unproductive land. Of the developed area of Bern, 3.1% consists of industrial buildings, 22.3% housing and other buildings, and 12.9%
2500-746: The 2015 federal election for the Swiss National Council the most popular party was the PS which received 34.3% of the vote. The next five most popular parties were the Green Party (17.4%), the UDC (12.4%), and the FDP/PLR (9.9%), glp/pvl (9.4%), and the BDP/PBD (7.0%). In the federal election, a total of 48,556 voters were cast, and the voter turnout was 56.0%. The Municipal Council of
2600-404: The 2019 federal election for the Swiss National Council the most popular party was the PS which received 28.7% (-5.6) of the vote. The next five most popular parties were the Green Party (25.2%, +7.9), the pvl (13.5%, +4.1), the UDC (9.5%, -2.9), PLR (4.2%, -2.8), and the BDP/PBD (7.0%). In the federal election a total of 49,030 votes were cast, and the voter turnout was 56%. In
2700-594: The Catholic Church . Of the rest of the population, there were 1,874 members of an Orthodox church (or about 1.46% of the population), there were 229 persons (or about 0.18% of the population) who belonged to the Christ Catholic Church , and there were 5,531 persons (or about 4.30% of the population) who belonged to another Christian religion. There were 324 persons (or about 0.25% of the population) who were Jewish , and 4,907 (or about 3.81% of
2800-582: The MTV show Timbaland's Diary , has been identified as an Elektron SidStation . This device is a MIDI-controlled synthesizer based on the SID chip of the Commodore 64, and it is capable of playing back .sid files the way they would have sounded on the original hardware. It has been speculated that Timbaland downloaded Gallefoss' version of the song from the High Voltage SID Collection and used
2900-628: The Marrakesh Copyright Exceptions Treaty for the Blind and Print-Disabled was the first international treaty centered around the rights of users. Treaties featuring exceptions for libraries and educational institutions are also being discussed. The Berne Convention was developed at the instigation of Victor Hugo of the Association Littéraire et Artistique Internationale . Thus it was influenced by
3000-1194: The Stadthaus (Town Hall). The last regular election of the City Council was held on 29 November 2020 for the mandate period ( German : Legislatur , French : la législature ) from 2021 to 2024. The City Council consist of 23 (-1) members of the Social Democratic Party (SP/PS) including two seats by the junior party JUSO , 11 (+3) Green Liberal Party (glp/pvl) including two member of its junior party jglp , 10 (+1) Green Alliance of Bern (GB) , 8 (-1) The Liberals (FDP/PLR) including one seat by its junior partner JF / DL , 7 (-2) Swiss People's Party (SVP/UDC) , 7 (-1) Grüne Freie Liste (GFL) (Green Free List), 3 (+1) Junge Alternative (JA!) (or Young Alternatives), 3 (+1) Alternative Linke Bern (AL) , 2 (-1) Conservative Democratic Party (BDP/PBD) , 2 (-) Christian Democratic People's Party (CVP/PDC) , 2 (-) Evangelical People's Party (EVP/PEV) , 1 (-) Swiss Party of Labour (PdA) , and 1 Grüne alternative Partei (GaP) (or Green alternative Party). In
3100-539: The Thirty Years' War , two new fortifications – the so-called big and small Schanze (entrenchments) – were built to protect the whole area of the peninsula. After a major blaze in 1405, the city's original wooden buildings were gradually replaced by half-timbered houses, and subsequently the sandstone buildings which came to be characteristic for the Old Town. Despite waves of pestilence that hit Europe in
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3200-475: The executive government of the City of Bern and operates as a collegiate authority . It is composed of five councillors ( German : Gemeinderat/-rätin , French : conseiller/conseillère municipal(e) ), each presiding over a directorate (de: Direktion , fr: direction ) comprising several departments and bureaus. The president of the executive department acts as mayor (de: Stadtpräsident , fr: Le Maire ). In
3300-639: The national parliament , government and part of the federal administration, can also be visited. Albert Einstein lived in a flat at the Kramgasse 49, the site of the Einsteinhaus , from 1903 to 1905, the year in which the Annus Mirabilis papers were published. Timbaland plagiarism controversy The 2007 dance-pop song " Do It " performed by Canadian singer-songwriter Nelly Furtado features elements sampled from "Acidjazzed Evening",
3400-450: The socialist First and Second Internationals were held in Bern, particularly during World War I when Switzerland was neutral; see Bern International . The city's population rose from about 5,000 in the 15th century to about 12,000 by 1800 and to above 60,000 by 1900, passing the 100,000 mark during the 1920s. Population peaked during the 1960s at 165,000 and has since decreased slightly, to below 130,000 by 2000. As of September 2017,
3500-456: The 11 waveform bleeps I have put in at random places (only 3 voices on a sid you know), the arpeggios are using filters, I can even hear the lead using my multipulse routine (which i rarely use, but i did it on acidjazz.sid ). On February 3, Gallefoss published the following comment on his personal web page: Not much to tell about this matter. I have made a deal with my lawyers. Sometime in the near future, something will happen. Hannu Sormunen,
3600-603: The 14th century, the city continued to grow, mainly due to immigration from the surrounding countryside. During the 18th century, the city of Bern was at one point the largest shareholder in the South Sea Company , a British joint-stock company which was involved in the Atlantic slave trade . From 1689 to 3 March 1798 in the town was printed, in French , the biweekly newspaper Gazette de Berne , which reflected
3700-473: The Berne Convention establishes the " three-step test " in Article 9(2), which establishes a framework for member nations to develop their own national exceptions. The three-step test establishes three requirements: that the legislation be limited to certain (1) special cases; (2) that the exception does not conflict with a normal exploitation of the work, and (3) that the exception does not unreasonably prejudice
3800-473: The Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that protection exists the moment a work is "fixed", that is, written or recorded on some physical medium, and its author is automatically entitled to all copyrights in the work and to any derivative works , unless and until
3900-476: The Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it has not been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms. If
4000-564: The Berne Convention. This includes 178 UN member states plus the Cook Islands , the Holy See and Niue . The Berne Convention was intended to be revised regularly in order to keep pace with social and technological developments. It was revised seven times between its first iteration (in 1886) and 1971, but has seen no substantive revision since then. That means its rules were decided before widespread adoption of digital technologies and
4100-723: The French " rights of the author " ( droits d'auteur ), which contrasts with the Anglo-Saxon concept of "copyright" which only dealt with economic concerns. Before the Berne Convention, copyright legislation remained uncoordinated at an international level. So for example a work published in the United Kingdom by a British national would be covered by copyright there but could be copied and sold by anyone in France. Dutch publisher Albertus Willem Sijthoff , who rose to prominence in
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4200-600: The Oldskool Music competition at Assembly 2000 , a demoparty held in Helsinki , Finland, in 2000. According to Scene.org , the song was uploaded to their servers the same year, long before the release of the song by Furtado. The song was later remixed (with Suni's permission) by Norwegian Glenn Rune Gallefoss (a.k.a. GRG) for the Commodore 64 in SID format —this is the version that was later used for "Do It". It
4300-566: The SidStation for running it to the studio system. In August 2007, an action for infringement was filed in the District Court of Helsinki against Universal Music, Ltd, alleging Nelly Furtado's song "Do It" infringed "Acidjazzed Evening". In January 2009, after a trial that included multiple expert and technical witnesses, a three-judge panel unanimously dismissed the plaintiff's case. On December 17, 2008, Abbott also testified as
4400-644: The U.S. Berne Convention Implementation Act of 1988 was enacted, and the U.S. Senate advised and consented to ratification of the treaty, making the United States a party to the Berne Convention, and making the Universal Copyright Convention nearly obsolete. Except for extremely technical points not relevant, with the accession of Nicaragua in 2000, every nation that is a member of the Buenos Aires Convention
4500-893: The United Nations and other international organizations in that city. In 1967 it became the World Intellectual Property Organization (WIPO), and in 1974 became an organization within the United Nations. The Berne Convention was completed in Paris in 1886, revised in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and
4600-405: The United States joined the convention on 1 March 1989, it continued to make statutory damages and attorney's fees only available for registered works. However, Moberg v Leygues (a 2009 decision of a Delaware Federal District Court) held that the protections of the Berne Convention are supposed to essentially be "frictionless", meaning no registration requirements can be imposed on a work from
4700-425: The administration. The delegates are selected by means of a system of proportional representation . The sessions of the City Council are public. Unlike members of the Municipal Council, members of the City Council are not politicians by profession, and they are paid a fee based on their attendance. Any resident of Bern allowed to vote can be elected as a member of the City Council. The parliament holds its meetings in
4800-421: The author explicitly disclaims them or until the copyright expires. A creator need not register or "apply for" a copyright in countries adhering to the convention. It also enforces a requirement that countries recognize rights held by the citizens of all other parties to the convention. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that ratified
4900-417: The author is unknown because for example the author was deliberately anonymous or worked under a pseudonym, the Convention provides for a term of 50 years after publication ("after the work has been lawfully made available to the public"). However, if the identity of the author becomes known, the copyright term for known authors (50 years after death) applies. Although the Berne Convention states that
5000-454: The case saying in the English summary that: It is beyond any doubt that Timothy "Timbaland" Mosley has directly copied large sections of Janne Suni’s songs, much more than any "fair use" would allow. Timbaland has not sampled tiny bits or effects from the song, but whole sections. This is a clear breach of copyright. The article also covered similar cases from the past and notified that both
5100-723: The centre of Bern became a UNESCO World Heritage Site . It is notably surrounded by the Aare , a major river of the Swiss Plateau . Although fortified settlements were established since antiquity, the medieval city proper was founded by the Zähringer ruling family, probably in 1191 by Berthold V, Duke of Zähringen . Bern was made a free imperial city in 1218 and, in 1353, it joined the Swiss Confederacy , becoming one of its eight early cantons. Since then, Bern became
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#17327651917845200-558: The city of Bern decided against having twinned cities except for a temporary (during the UEFA Euro 2008 ) cooperation with the Austrian city Salzburg . Bern has a population (as of December 2020 ) of 134,794. About 34% of the population are resident foreign nationals. Over the 10 years between 2000 and 2010, the population changed at a rate of 0.6%. Migration accounted for 1.3%, while births and deaths accounted for −2.1%. Most of
5300-490: The competition and the prize ceremony "were witnessed by the 4000-5000 people at the event. The competition and the ceremony were also shown in Helsinki area cable TV". The same day, the news reached Norwegian media, including Norwegian Broadcasting Corporation and Dagbladet , both of which interviewed Gallefoss. On January 17, the case was reported on briefly by the Rolling Stone website, XXL Magazine , and
5400-413: The construction rate of new housing units was 1.2 new units per 1000 residents. As of 2003 the average price to rent an average apartment in Bern was 1108.92 Swiss francs (CHF) per month (US$ 890, £500, €710 approx. exchange rate from 2003). The average rate for a one-room apartment was 619.82 CHF (US$ 500, £280, €400), a two-room apartment was about 879.36 CHF (US$ 700, £400, €560), a three-room apartment
5500-479: The controversy attracted the attention of the Finnish news portal eDome, and the MTV and Rolling Stone websites, who all published articles detailing the events of the controversy. "Do It" was released as the fifth North American single from Loose on July 24, 2007. The original track, titled "Acidjazzed Evening", is a chiptune -style, 4-channel Amiga module composed by Finnish demoscener Janne Suni (a.k.a. Tempest). The song won first place in
5600-550: The convention in 1887, it did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . The United States acceded to the convention on 16 November 1988, and the convention entered into force for the United States on 1 March 1989. The United States initially refused to become a party to the convention, since that would have required major changes in its copyright law , particularly with regard to moral rights , removal of
5700-586: The convention. The countries to which the convention applies created a Union for the protection of the rights of authors in their literary and artistic works, known as the Berne Union . The Berne Convention requires its parties to recognize the protection of works of authors from other parties to the convention at least as well as those of its own nationals. For example, French authors' rights law applies to anything published, distributed, performed, or in any other way accessible in France, regardless of where it
5800-493: The country of origin for digital publication remains a topic of controversy among law academics as well. The Berne Convention states that all works except photographic and cinematographic shall be protected for at least 50 years after the author's death, but parties are free to provide longer terms , as the European Union did with the 1993 Directive on harmonising the term of copyright protection . For photography,
5900-524: The economic powerhouse of Zürich, while Catholic and conservative Lucerne had been part of the Sonderbund during the war a year before. In addition, Bern had a more central location and was supported by the French-speaking cantons due to proximity to them. However, the constitution doesn't define Bern as official capital of Switzerland, but as the seat of government. A number of congresses of
6000-572: The first large media to react to the on-line controversy was the Finnish Broadcasting Company , which published a news item on the topic on January 14, 2007. The electronic music magazine Side-Line put a complete news round-up up on its website. Finnish tabloids Ilta-Sanomat , Iltalehti , and newspapers ITviikko, and DigiToday also published articles about the suspected plagiarism on January 15, 2007. On January 16, Finnish news portal eDome published an article about
6100-447: The general requirement for registration of copyright works and elimination of mandatory copyright notice. This led first to the U.S. ratifying the Buenos Aires Convention (BAC) in 1910, and later the Universal Copyright Convention (UCC) in 1952 to accommodate the wishes of other countries. With the WIPO's Berne revision on Paris 1971, many other countries joined the treaty, as expressed by Brazil federal law of 1975. On 1 March 1989,
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#17327651917846200-472: The internet. In large part, this lengthy drought between revisions comes about because the Treaty gives each member state the right to veto any substantive change. The vast number of signatory countries, plus their very different development levels, makes it exceptionally difficult to update the convention to better reflect the realities of the digital world. In 2018, Professor Sam Ricketson argued that anyone who thought that further revision would ever be realistic
6300-400: The largest canton of the Confederacy as it stood during the Restoration and until the secession of the canton of Jura in 1979. On 28 November 1848, a majority of the new Swiss Federal Assembly deputies chose Bern as the Federal City (seat of the government) of the newly created Swiss federal state , ahead of Zürich and Lucerne . Bern was chosen as not to concentrate all the power in
6400-425: The legislation of the country where protective rights are claimed shall be applied, Article 7(8) states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e., an author is normally not entitled a longer protection abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of
6500-429: The legitimate interests of the author. The Berne Convention does not expressly reference doctrines such as fair use or fair dealing , leading some critics of fair use to argue that fair use violates the Berne Convention. However, the United States and other fair use nations argue that flexible standards such as fair use include the factors of the three-step test, and are therefore compliant. The WTO Panel has ruled that
6600-463: The local legend, based on folk etymology , Berthold V, Duke of Zähringen , the founder of the city of Bern, vowed to name the city after the first animal he met on the hunt, and this turned out to be a bear. It has long been considered likely that the city was named after the Italian city of Verona , which at the time was known as Bern in Middle High German . The city was sometimes referred to as Bern im Üechtland to distinguish it from Verona. As
6700-424: The longest covered shopping promenades in Europe. Since the 16th century, the city has had a bear pit, the Bärengraben , at the far end of the Nydeggbrücke to house its heraldic animals. The four bears are now kept in an open-air enclosure nearby, and two other young bears, a present by the Russian president, are kept in Dählhölzli zoo. The Federal Palace ( Bundeshaus ), built from 1857 to 1902, which houses
6800-415: The mandate period 2021–2024 ( Legislatur ) the Municipal Council is presided by Stadtpräsident Alec von Graffenried . Departmental tasks, coordination measures and implementation of laws decreed by the City Council are carried by the Municipal Council. The regular election of the Municipal Council by any inhabitant valid to vote is held every four years. Any resident of Bern allowed to vote can be elected as
6900-439: The meaning of this Treaty or the Berne Convention." This language may mean that Internet service providers are not liable for the infringing communications of their users. Since companies are using internet to publish user generated content , critics have argued that the Berne Convention is weak in protecting users and consumers from overbroad or harsh infringement claims, with virtually no other exceptions or limitations. In fact,
7000-413: The most recent ice age . The two mountains closest to Bern are Gurten with a height of 864 m (2,835 ft) and Bantiger with a height of 947 m (3,107 ft). The site of the old observatory in Bern is the point of origin of the CH1903 coordinate system at 46°57′08.66″N 7°26′22.50″E / 46.9524056°N 7.4395833°E / 46.9524056; 7.4395833 . The city
7100-545: The municipality. There were 49,873 married individuals, 9,345 widows or widowers and 9,468 individuals who are divorced. As of 2000 , there were 67,115 private households in the municipality, and an average of 1.8 persons per household. There were 34,981 households that consist of only one person and 1,592 households with five or more people. In 2000 , a total of 65,538 apartments (90.6% of the total) were permanently occupied, while 5,352 apartments (7.4%) were seasonally occupied and 1,444 apartments (2.0%) were empty. As of 2009 ,
7200-678: The name Brenodor ("dwelling of Breno"). In the Early Middle Ages, a settlement in Bümpliz , now a city district of Bern, was some 4 km (2 mi) from the medieval city. The medieval city is a foundation of the Zähringer ruling family, which rose to power in Upper Burgundy in the 12th century. According to 14th-century historiography ( Cronica de Berno , 1309), Bern was founded in 1191 by Berthold V, Duke of Zähringen . In 1218, after Berthold died without an heir, Bern
7300-549: The net benefit would be to benefit authors. Bern Bern ( Swiss Standard German: [bɛrn] ), or Berne ( French: [bɛʁn] ), is the de facto capital of Switzerland , referred to as the " federal city ". With a population of about 133,000 (as of 2022 ), Bern is the fifth-most populous city in Switzerland, behind Zürich , Geneva , Basel and Lausanne . The Bern agglomeration, which includes 36 municipalities, had
7400-658: The opinions of Bern, usually hostile to the politics of Pre-revolutionary France . Bern was occupied by French troops in 1798 during the French Revolutionary Wars , when it was stripped of parts of its territories. It regained control of the Bernese Oberland in 1802, and following the Congress of Vienna of 1814, it newly acquired the Bernese Jura . At this time, it once again became
7500-574: The other types of intellectual property: patents, trademarks and industrial designs . Like the Paris Convention, the Berne Convention set up a bureau to handle administrative tasks. In 1893 these two small bureaux merged and became the United International Bureaux for the Protection of Intellectual Property (best known by its French acronym BIRPI), situated in Berne. In 1960, BIRPI moved to Geneva , to be closer to
7600-465: The owner of the sound recording rights, reported that the case had been filed in Florida. On June 7, 2011, the case of Kernel Records Oy v. Mosley ended with the court deciding that the tune was a US work as it had been first published on the Internet and that Kernel Records had failed to register for copyright in the United States. This reversed the decision of Moberg v. 33T LLC , which decided that
7700-404: The period of 1981–2010, as well as 14.1 days of snowfall, 36.7 days of snow cover per year and the average amount of snow measured per year is 52.6 centimetres (20.7 in). On average, January is the coldest month, with a daily mean temperature of −0.4 °C (31.3 °F), and a daily minimum temperature of −3.6 °C (25.5 °F). The lowest temperature ever recorded at Bern (Zollikofen)
7800-559: The popular German IT news portal Heise online . Heise's story suggests that Timbaland downloaded Gallefoss's SID arrangement from the High Voltage SID Collection . On January 18, Rolling Stone put the controversy as top news of the day with a more detailed article. Later that day the San Jose Mercury News covered the story on their blog. On January 22, MTV took notice of the issue with
7900-468: The population (as of 2000 ) speaks German (104,465 or 81.2%) as their first language, Italian is the second most common (5,062 or 3.9%) and French is the third (4,671 or 3.6%). There are 171 people who speak Romansh . As of 2008 , the population was 47.5% male and 52.5% female. The population was made up of 44,032 Swiss men (35.4% of the population) and 15,092 (12.1%) non-Swiss men. There were 51,531 Swiss women (41.4%) and 13,726 (11.0%) non-Swiss women. Of
8000-535: The population in the municipality, 39,008 or about 30.3% were born in Bern and lived there in 2000. There were 27,573 or 21.4% who were born in the same canton, while 25,818 or 20.1% were born somewhere else in Switzerland, and 27,812 or 21.6% were born outside of Switzerland. As of 2000 , children and teenagers (0–19 years old) make up 15.1% of the population, while adults (20–64 years old) make up 65% and seniors (over 64 years old) make up 19.9%. As of 2000 , there were 59,948 people who were single and never married in
8100-489: The population) who were Muslim . There were 629 persons who were Buddhist , 1,430 persons who were Hindu and 177 persons who belonged to another religion. 16,363 (or about 12.72% of the population) belonged to no religion, are agnostic or atheist , and 7,855 persons (or about 6.11% of the population) did not answer the question. On 14 December 2014 the Haus der Religionen was inaugurated. The structure of Bern's city centre
8200-524: The resident population stood at 142,349, of which 100,000 were Swiss citizens and 42,349 (31%) resident foreigners. A further estimated 350,000 people live in the immediate urban agglomeration . Bern lies on the Swiss plateau in the canton of Bern, slightly west of the centre of Switzerland and 20 km (12 mi) north of the Bernese Alps . The countryside around Bern was formed by glaciers during
8300-533: The same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright ; on the European continent they are generally referred to as authors' rights (from French: droits d'auteur ) or makerright (German: Urheberrecht ). As of November 2022,
8400-400: The sample is "from a video game" and mentioned the Commodore 64. He also said that he has no time for research and that it is sometimes impossible to "know what's public domain and what's not". Timbaland also called the issue "ridiculous" but mentioned that he is "in legal discussions" and therefore was not able to say much about it. He also called Janne Suni an "idiot" and a "freakin' jerk" on
8500-510: The scenes, and whatever the result turns out to be like, I'll publish any available info here as soon as possible. On September 9, 2007, his webpage was updated with the following information: My case regarding the controversy has come to its closure. Just as before, I will not answer any questions about the case. The C64 news portal C64.sk published the following comment from Glenn R. Gallefoss on January 15, 2007: ... Its my sid version that has been sampled in do-it : You can hear that by
8600-448: The shorter term ". Not all countries have accepted this rule. As to works, protection must include "every production in the literary, scientific and artistic domain, whatever the mode or form of its expression" (Article 2(1) of the convention). Subject to certain allowed reservations, limitations or exceptions, the following are among the rights that must be recognized as exclusive rights of authorization: The Berne Convention includes
8700-546: The show. On February 9, 2007, Timbaland commented on the issue in an MTV interview: It makes me laugh. The part I don't understand, the dude is trying to act like I went to his house and took it from his computer. I don't know him from a can of paint. I'm 15 years deep. That's how you attack a king? You attack moi? Come on, man. You got to come correct. You the laughing stock. People are like, "You can't be serious." A device in Timbaland's studio, as seen in video clips from
8800-504: The standards are not incompatible. The Berne Convention does not include the modern concept of Internet safe harbors , simply because Internet was not known as a technology at that time. The Agreed Statement of the parties to the WIPO Copyright Treaty of 1996 states that: "It is understood that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within
8900-589: The trade of translated books, wrote to Queen Wilhelmina of the Netherlands in 1899 in opposition to the convention over concerns that its international restrictions would stifle the Dutch print industry. The Berne Convention followed in the footsteps of the Paris Convention for the Protection of Industrial Property of 1883, which in the same way had created a framework for international integration of
9000-512: The water in the municipality. According to the Köppen Climate Classification , Bern has an oceanic climate ( Cfb ) closely bordering on a humid continental climate ( Dfb ). The closest weather station near Bern is located in the municipality of Zollikofen , about 5 kilometres (3 mi) north of the city centre. The warmest month for Bern is July, with a daily mean temperature of 18.3 °C (64.9 °F), and
9100-604: The world. It is not clear what this may mean for determining "country of origin". In Kernel v. Mosley (2011), a U.S. court "concluded that a work created outside of the United States, uploaded in Australia and owned by a company registered in Finland was nonetheless a U.S. work by virtue of its being published online". However other U.S. courts in similar situations have reached different conclusions, e.g. Håkan Moberg v. 33T LLC (2009). The matter of determining
9200-757: Was "dreaming". Berne members also cannot easily create new copyright treaties to address the digital world's realities, because the Berne Convention also prohibits treaties that are inconsistent with its precepts. Legal academic Rebecca Giblin has argued that one reform avenue left to Berne members is to "take the front door out". The Berne Convention only requires member states to obey its rules for works published in other member states – not works published within its own borders. Thus member nations may lawfully introduce domestic copyright laws that have elements prohibited by Berne (such as registration formalities), so long as they only apply to their own authors. Giblin also argues that these should only be considered where
9300-529: Was about 1040.54 CHF (US$ 830, £470, €670) and a six or more room apartment cost an average of 2094.80 CHF (US$ 1680, £940, €1340). The average apartment price in Bern was 99.4% of the national average of 1116 CHF. The vacancy rate for the municipality, in 2010 , was 0.45%. The historical population is given in the following chart: From the 2000 census , 60,455 or 47.0% belonged to the Swiss Reformed Church , while 31,510 or 24.5% were members of
9400-483: Was amended in 1979. The World Intellectual Property Organization Copyright Treaty was adopted in 1996 to address the issues raised by information technology and the Internet, which were not addressed by the Berne Convention. The first version of the Berne Convention treaty was signed on 9 September 1886, by Belgium, France, Germany, Haiti, Italy, Liberia, Spain, Switzerland, Tunisia, and the United Kingdom. They ratified it on 5 September 1887. Although Britain ratified
9500-503: Was first published in a disk magazine in Australia in August 2002 and was added to the High Voltage SID Collection on December 21, 2002. Janne Suni posted the following comment regarding the copyright status of "Acidjazzed Evening" on January 15, 2007: ...I have never given up the copyrights of Acidjazzed Evening. I also have never authorized commercial use of the song. In 2002, however, Glenn Rune Gallefoss (also known as GRG) made
9600-546: Was made a free imperial city by the Goldene Handfeste of Holy Roman Emperor Frederick II . In 1353, Bern joined the Swiss Confederacy , becoming the eighth canton of the formative period of 1353 to 1481. Bern invaded and conquered Aargau in 1415 and Vaud in 1536, as well as other smaller territories, thereby becoming the largest city-state north of the Alps . By the 18th century, it comprised most of what
9700-495: Was officially filed with Helsinki District Court in mid-August 2007, on behalf of Glenn R. Gallefoss. On February 2, 2007, Timbaland responded to the plagiarism accusations in an interview on the radio show Elliot in the Morning . In this interview, Timbaland admitted to what he called "sampling", but he also claimed that sampling is "not stealing", because "everybody samples from everybody every day". Timbaland also said that
9800-598: Was originally built on a hilly peninsula surrounded by the river Aare , but outgrew natural boundaries by the 19th century. A number of bridges have been built to allow the city to expand beyond the Aare. Bern is built on very uneven ground. An elevation difference of up to 60 metres exists between the inner city districts on the Aare ( Matte , Marzili ) and the higher ones (Kirchenfeld, Länggasse). Bern has an area, as of 2013 , of 51.62 km (19.93 sq mi). Of this area, 9.42 km (3.64 sq mi) or 18.2%
9900-469: Was originally created, if the country of origin of that work is in the Berne Union. In addition to establishing a system of equal treatment that harmonised copyright amongst parties, the agreement also required member states to provide strong minimum standards for copyright law. Author's rights under the Berne Convention must be automatic; it is prohibited to require formal registration. However, when
10000-471: Was −23.0 °C (−9.4 °F), recorded in February 1929, and typically the coldest temperature of the year reaches an average of −12.8 °C (9.0 °F) for the period of 1981–2010. The municipality is administratively subdivided into six districts ( Stadtteile ), each of which consists of several quarters ( Quartiere ). The Municipal Council (de: Gemeinderat , fr: conseil municipal ) constitutes
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