Possessing Parts and Owning Plays: Charles Macklin and the Prehistory of Dramatic Literary Property

Abstract: Eighteenth-century dramatists had little or no control over the production of their plays after the initial run. In spite of major strides made in copyright during the eighteenth century—developments that have long been studied and celebrated—dramatists were in an unenviable position when it came to owning their work. Literary property law initially extended only as far as print publication, not performance, and any theatrical company that was able to get hold of a playtext could produce that play without the permission of the author. As a result, dramatists received far less for their work than they otherwise might have.