Re:The MTA is going after an Etsy artist over a New York sub...
by geoelectric on Friday January 10, 2020 @02:23PM
(#22014342)
Sounds like we're really in full agreement, some semantics aside, and I think probably more people align with your semantics than mine. Thanks for the clarifications!
I was definitely being imprecise with my wording though, as I was thinking about a _transformative_ work when I read their attorney say "derivative" work, where a transformative work is a type of derivative work that is protected by [subjective] Fair Use.
I also agree with you though that I wouldn't even necessarily consider this a transformative work of the other map, as that assumes he started with the other map. But just starting with the same facts, which aren't copyrightable, and following standard cartographic conventions while exercising the author's own artistic expression into the final rendition would just be a separate work entirely.