Reconstituted expression, edited works and originality in copyright law

The extent to which edited works, such as musical performing editions, can be protected as copyrightable subject matter has generated some degree of controversy in intellectual property law. As derivative works, edited versions of literary or musical composition often contain significant amounts of reconstituted expression, but can nevertheless vary widely in the level of creativity reflected in their arrangement. This article examines the impact of the originality doctrine on the protection of edited works in the United Kingdom, and calls for a more flexible and inclusive approach in assessing the protectability of reconstituted expression and published editions as a category of copyrightable subject matter.