The plays were primarily written to be
acted. The company in possession could have the play altered as they
pleased by a literary man in their employment.
To follow Mr. Greenwood's summary of the situation "it would seem
that an author could restrain any person from publishing his
manuscript, or could bring an action against him for so doing, so
long as he had not disposed of his right to it; and that the
publisher could prevent any other publisher from issuing the work.
At the same time it is clear that the law was frequently violated . .
. whether because of the difficulty of enforcing it, or through the
supineness of authors; and that in consequence authors were
frequently defrauded by surreptitious copies of their works being
issued by piratical publishers." {33a}
It may appear that to "authors" we should, in the case of plays, add
"owners," such as theatrical companies, for no case is cited in which
such a company brings an action against the publisher of a play which
they own. The two players of Shakespeare's company who sign the
preface to the first edition of his collected plays (1623, "The First
Folio") complain that "divers stolen and surreptitious copies" of
single plays have been put forth, "maimed and deformed by the frauds
and stealths of injurious impostors." They speak as if they were
unable to prevent, or had not the energy to prevent, these frauds.
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