Then, Now

When the “star-crossed” lovers of Shakespeare’s Romeo and Juliet first took the stage in 1594, the tale of tragic love undoubtedly moved the audience as much as it does today. His seminal work of forbidden desire remains one of the most important literary works ever published, yet the mysterious William Shakespeare does not deserve full credit. As early as 1303, a story of unhappy lovers from Verona was written. In 1562, more than 30 years prior to the penning of Shakespeare’s now famous prose, Arthur Brooke wrote the minor poem The Tragical Historye of Romeus and Juliet.

The titles’ similarities are no mere coincidence; Shakespeare’s grandiose work drew directly from the literary tradition of both Brooke and classical authors. In today’s world, such derivative works would be subject to legal scrutiny, but such was not always the case. Since the beginning of oral culture, societies have built upon the past in fields as varied as science and poetry. Arguably, had Shakespeare not been allowed to draw from the past, the poetic flair and grace of Shakespeare’s adaptations would be nothing more than an unpublished thought.

Shakespeare wrote in a time very different from today; the idea of rights bestowed upon a creator was as radical as it was uncommon. To many modern authors and lawyers, the legal void would seem to lead to rampant ‘piracy’ and, therefore, a limited marketability of creative works.

The concept of “intellectual property” has developed through centuries of legal debate. At one point, expression was not considered property in the same sense as land or physical goods. Yet, today, creative works are owned in much the same manner as an automobile or house. The maturation of copyright has been paralleled by two changes: both the scope and duration of protection have expanded. As technology makes creation and reproduction easier, the tenets of intellectual property law have risen to paramount importance.

In the coming days, I will chronicle the history of copyright: from Shakespeare's literary evolution to college students being sued for downloading music.