Exploring authorship and ownership of plays at the time of William Shakespeare’s First Folio

Abstract

ABSTRACT In this this article I evaluate how authorship of theatre occurred in the Elizabethan and Jacobean periods. I explore whether individual playwrights such as William Shakespeare were viewed as authors, and thus owners, of plays at this time. I analyse the role of the Stationers’ Company as print monopolists, and the role of Elizabethan theatre companies, who took ownership of scripts for performance purposes. I examine the impact of the publication of the First Folio. I note that the publishing syndicate behind the First Folio, led by Shakespeare’s friends John Heminges and Henry Condell, had to obtain the print rights for several plays, not from Shakespeare’s estate, but from the various Stationers who had acquired publishing rights while Shakespeare was alive. Therefore, the First Folio stands as an early example, even before statutory copyright existed, of a book created via what we now describe as the ‘clearing’ of copyright licences. A consequence of the First Folio was not just the emergence of Shakespeare as the English author-figure par excellence; the First Folio coincided with a rising legal expectation that authors should be owners of dramatic texts under copyright law. Throughout the seventeenth century and into the early eighteenth century I mark how tensions between the market power of the Stationers’ Company and emerging recognition of the author’s literary property led to the first British copyright statute: the Statute of Anne in 1710.