Question about derivative work - what is the license for map derived using e.g. spatial "predict" function?

On Thu, Nov 27, 2014 at 2:44 PM, Edzer Pebesma

Tom, in your example below, x contains the kriging variance; points with
zero kriging variance must be observation locations, with the predicted
value equal to the observation.

In case the nugget in m would have been replaced by a measurement error
component (Err in m and m1 below), you would not have this effect, and
also have no discontinuity in the interpolated surface at observation
locations:

Now all that is going to be fun to explain to a judge and jury.

 Suppose you took all the notes of a Bach fugue as X=time, Y=pitch,
and interpolated them in time, then created a new piece using the
interpolation prediction at time points between the notes, would this
be a derivative work?

Yes, I think: "A ?derivative work? is a work based upon one or more
preexisting works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound
recording, art reproduction, abridgment, condensation, or any other
form in which a work may be recast, transformed, or adapted."
[Wikipedia, where I get all my legal advice from] - they key word
being "transformed".

But does a dataset count as a "work" here? It is supposedly a set of
measurements of "the truth", rather than something that is a creative
work. A random australian web site that comes up tops in a google
search says:

Use of a Copyright Licence

A dataset may attract copyright protection (as a literary work), if it
meets certain threshold criteria of human authorship, originality, or
creativity, for example. On that basis, significant quantities of
research data will attract copyright protection. As such, it may not
be reused by researchers (or anyone else) without permission.
[http://ands.org.au/guides/copyright-and-data-awareness.html]

 I suspect the permission to make derivative works has to be stated
when the dataset gives usage permission.

Minefield.

Barry