Estate of Nahat and Manol sue for patent infringement
Dead or alive. Why should it matter? Nahat's last ouds were maybe 25 years ago? There are children still living that could benefit from royalties
for the family's design? I'm sure they would if they could, but most probably, there were no complex laws in place in Syria to anticipate mass
copying of this great family's designs. Same with Monol, Badrosian, etc. So who says that just because a person is dead it's ok to copy their
instruments if their direct decendents are still alive? What is the cut off point when it is OK. What is the statute of limitation on copying a
design? That is why we have copyright and patent laws. You can't copyright an idea, but all the time you see "tm" (trade mark) or "sm" (service
mark) signs on such mundane things as McDonald slogans.
A true artisan learns from and is influenced by his or her colleagues and predecessors, but develops his own design based on years of analysis, new
discoveries and personal taste. Re the double top oud...this is a design that was largely invented by the Spanish school of guitar building. Is this
"art" or science? When it comes to building an instrument both are used. The science comes in in the physics of the instrument. The physics affects
and develops the sound and is responsible for the duribility and playability of the instrument. The "art" is the voice of the instrument, which of
course is also developed through physics, choice of woods, etc. It's all integrated. Why don't we just say that Abu Ala copied the pick guard and
rosette. Period. Clearly, this discussion is beyond the original topic, but it is a topic that poses a lot of questions for instrument builders and
all artisans alike. Who invented the floating bridge for example. Are builders of floating bridge ouds "copying", or just using another great
design? By no means am I an oud or instrument historian, so I welcome a discussion on this in a CIVILISED and non-insulting manner.
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