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Scott Turow, Paul Aiken, and James Shapiro: Would the Bard Have Survived the Web?

[Scott Turow, a novelist, is the president of the Authors Guild. Paul Aiken is its executive director. James Shapiro, a member of the guild’s board, teaches Shakespeare at Columbia.]

ARCHAEOLOGISTS finished a remarkable dig last summer in East London. Among their finds were seven earthenware knobs, physical evidence of a near perfect 16th-century experiment into the link between commerce and culture.

When William Shakespeare was growing up in rural Stratford-upon-Avon, carpenters at that East London site were erecting the walls of what some consider the first theater built in Europe since antiquity. Other playhouses soon rose around the city. Those who paid could enter and see the play; those who didn’t, couldn’t....

At the height of the Enlightenment, the cultural paywall went virtual, when British authors gained the right to create legally protected markets for their works. In 1709, expressly to combat book piracy and “for the encouragement of learned men to compose and write useful books,” Britain enacted the world’s first copyright law. Eighty years later, America’s founders expanded on this, giving Congress the authority to enact copyright laws “to promote the progress of science and useful arts.”

Copyright, now powerfully linking authors, the printing press (and later technologies) and the market, would prove to be one of history’s great public policy successes. Books would attract investment of authors’ labor and publishers’ capital on a colossal scale, and our libraries and bookstores would fill with works that educated and entertained a thriving nation. Our poets, playwrights, novelists, historians, biographers and musicians were all underwritten by copyright’s markets.

Yet today, these markets are unraveling. Piracy is a lucrative, innovative, global enterprise. Clusters of overseas servers can undermine much of the commercial basis for creative work around the world, offering users the speedy, secret transmission of stolen goods....
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