So As to Compass the Interest: Artisan Dramaturgy, Copyright Reform, and the Theatrical Insurgency of 1856
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ABSTRACT Title of Document: SO AS TO COMPASS THE INTEREST: ARTISAN DRAMATURGY, COPYRIGHT REFORM, AND THE THEATRICAL INSURGENCY OF 1856 Aaron M. Tobiason, Doctor of Philosophy, 2014 Directed By: Professor Heather S. Nathans, Department of Drama and Dance, Tufts University In 1856, a change in American copyright law finally gave playwrights control over performances of their work. That change was the culmination of decades of concerted and sustained efforts by a small number of playwrights and their political allies, men who embraced a theatrical aesthetic at odds with antebellum American production practices. I argue that previous scholarship has underestimated the importance of the 1856 law to the development of American theatre. Using a series of case studies, I propose that antebellum theatrical production was guided by a system of artisan dramaturgy. Key to this formulation is the concept of bespoke playwrighting: those who composed antebellum performance texts were more wrights than writers, handicraftsmen and women whose medium was the manuscript rather than the printed text. They drew freely from an extensive public domain created and protected by American copyright law. Published and unpublished plays, novels, songs, poems, current events – all were raw materials for the antebellum dramatist, to be combined, recontextualized, and reimagined. The system of artisan dramaturgy encouraged plays tailored to particular actors, companies, and audiences. These practices, among others, vexed playwrights who resented subjecting their plays to the messy, collaborative undertaking of antebellum American playmaking. I explore how their vision for the theatre drew on a particular understanding of natural rights, one that led them to see copyright as the most effective way to alter the economic conditions of playwriting. I document the largely unexplored legislative history of their efforts, which ultimately interposed statutory law into an art form that had been regulated almost entirely by the common law. The1856 legislation accelerated a process that would ultimately alter the balance of power among the various theatrical collaborators in favor of the playwright, driving greater and greater synergy between dramatic text and performance and ultimately allowing playwrights to supplant the primacy of the actor or manager in shaping performances. By so doing, it also significantly reduced the vibrancy, flexibility, and innovation that had characterized the antebellum American theatre. SO AS TO COMPASS THE INTEREST: ARTISAN DRAMATURGY, COPYRIGHT REFORM, AND THE THEATRICAL INSURGENCY OF 1856 By Aaron M. Tobiason Dissertation submitted to the Faculty of the Graduate School of the University of Maryland, College Park, in partial fulfillment of the requirements for the degree of Doctor of Philosophy 2014 Advisory Committee: Professor Heather S. Nathans, Chair Professor Richard Bell Professor Faedra Carpenter Professor Franklin J. Hildy Professor Whitman H. Ridgway © Copyright Aaron M. Tobiason 2014 Acknowledgements Nothing makes real the aphorism “a project is never completed, only abandoned” like the writing of acknowledgments. Bittersweet as it is to close this particular chapter, the opportunity to reflect on the generous assistance I’ve received over the years is a reward in itself. This project was made possible through the support of many individuals and organizations, and while the extent and nature of that support is too expansive to fully chronicle here, I take this opportunity to acknowledge some of those to whom I am most grateful. First, I would like to thank my committee for the wisdom they have shared, both in seminars and in private conversations about my work. This project has benefitted immensely from their guidance. The support of the School of Theatre, Dance, and Performance Studies at the University of Maryland has also been incredibly important. Not only have they provided a rich and nurturing intellectual environment, they have matched it with more tangible means of support. I’m also grateful for their indulgence as I chased my interest in shared governance all over campus. I have been fortunate enough to be supported by research funding from the University of Maryland Graduate School; the School of Theatre, Dance, and Performance Studies; and the American Theatre and Drama Society. I am particularly grateful for my time as an Advisory Council Fellow at the McNeil Center for Early American Studies. While the physical and financial resources made available through the fellowship were incredible, I was most appreciative of the other scholars who comprise the larger intellectual community of the MCEAS, particularly the other fellows. Their contributions were invaluable to the development of this project. During my time in Philadelphia, I discovered the importance of copyright to my project, founded a brewery with my fellow fellows, and conceived a child. (In point of fact, the latter two accomplishments were not directly related to the Center, though its financial support provided the leisure time essential to both.) I am continually amazed by the enthusiasm and professionalism of the librarians and archivists I’ve had the pleasure of working with on this project. I would like to particularly thank John Pollack and his fellow staff in the Rare Book and Manuscript Library at the University of Pennsylvania who were always courteous and accommodating. The sage counsel and wry wit of Jim Green at the Library Company of Philadelphia was also most appreciated. And at the National Archives, Rodney Ross and Gail E. Farr provided invaluable assistance that saved me many miles of driving and countless dollars in photocopying expenses. I am also grateful to my colleague in the PhD program at Maryland, Sara Thompson, who took time away from her own research in London to leaf through bound copies of nineteenth-century promptbooks for me. Other colleagues at Maryland have made some of the more onerous aspects of graduate study infinitely more enjoyable. Despite entering as a cohort of one, I quickly found both dear friends and stalwart colleagues. I would like to thank AnnMarie Saunders and Michelle Granshaw, whose love of cupcakes almost exceeds their willingness to help out a friend. And I consider myself blessed to have been one of the gentlemen of property and standing dropping mad scholarship in the best (and, ii at times, loudest) office an aspiring scholar could hope for: thank you Chris Martin, Paul Dunford, and Douglas A. Jones, Jr., esq. That year was truly epic. It’s impossible to convey in the space available how much I’ve benefitted from the guidance of my advisor, Heather Nathans. Her meticulous approach to historical research has provided an inspirational, if daunting, model, and her openness to different methodologies is refreshing (as is her willingness to let me “dig holes” to my heart’s content). She is also one of the finest teachers of both undergraduate and graduate students I have had the pleasure of observing, and her lessons have found a home in my classroom. Her mentorship has been an invaluable part of my growth as a scholar and educator. The writing of this dissertation has quite literally been a family affair. My in- laws, Greg and Cathy, have generously flown across the country to provide child- care, and have supported our family in other ways, as well. My father, Mike, has made multiple visits, and the several extended stays of my mother, Cynthia, have allowed me the luxury of long stretches of (relatively) uninterrupted writing (in addition to keeping me well-supplied with cigars). While I suspect the primary draw was the opportunity to spend time with our adorable little girl, Miranda, their sacrifice is no less appreciated. She is, indeed, irresistible, and while she has at times made progress difficult, there is no more rewarding or joyous writing distraction than an ebullient toddler pounding on the door shouting “Daaaa!” Finally, and most importantly, I would like to thank my lovely wife, Lauren. Her dogged support over the years has been a solid foundation when my studies seemed overwhelming. Her (almost) limitless patience has provided both time for my pursuit of extra-curricular interests in student government and a motivation to hurry up and graduate, already. Thank you for being my best friend. iii Dedication To my parents, who encouraged me to “be cool, stay in school.” iv Table of Contents Acknowledgements ..................................................................................................... ii Dedication ................................................................................................................... iv Table of Contents ........................................................................................................ v Overture ....................................................................................................................... 1 Exposition. Dam’me, Joe!; or, Manuscripts and Printed Texts on the Antebellum Stage ............................................................................................................... 8 Second Movement. Attending to the Audiences......................................................... 19 Intermezzo. A Note on Structure ................................................................................ 30 Coda. Coming Attractions .......................................................................................... 31 Barbarians All!; or, The Artisan Dramaturgy of the Antebellum Stage