Fair Use Question

[JuggernautGames]

I'm currently creating a Windows based parody similar to Windows RG (if you havn't seen it, here's the link. http://www.deanliou.com/WinRG/). Anyway, I'm thinking of using it for a technology fair for my school. Only problem is that unless given propper permission from the copyright holders, I can't submit anything copyrighted. Do you think that I can claim fair do to it being for educational purpouses? Aside from the use of the words "Microsoft," "Windows," and a very similar interface to "Windows" computers, I can't think of anything else that would cause any issues. This brings me to my next issue. Say that the fair use defense works. I'm hoping to have it posted on my website. Would Microsoft put up a fight, then? I don't want to have worked on it all, only to find out that after the tech fair, it all goes to waste.

Any thoughts are appreciated.

[Trent R]

If it's for a school tech fair (highschool? uni? college?) then I'd ask an administrator or section head on they're thoughts and whether you've exceeded copyright.

However, if done right, I believe that parody falls into Fair Use. (it's been a while since I learned copyright)


~Trent

[RickJ]

In the US parody is normally considered fair use.   

Only problem is that unless given propper permission from the copyright holders,

There is an open source clone of windows NT called ReactOS that may be of use. 

1) First of all the say the following in their FAQ.  You could refer to this statement and any other info they may have on the subject.  If you contact them they would probably be able to give you more info.   

Is ReactOS legal?

Yes. It's fully legal.

Developers have not looked at Windows® source code. They have used the public documentation of Windows® OSes. They have made several tests to understand how Windows® works. In fact, ReactOS does the same things Windows® does, but not exactly in the same way, because they haven't the same source code. All code in ReactOS is under the GNU GPL (General Public License).

2.  Alternatively,  you could always say that you are making a parody of ReactOS and ask them for their permission or just refer to the GPL which it is licensed under.  As you can see from the  screenie below it is quite similar.

[cat]

If it is a parody, why not just call the company "Macrohard" and the software "Doors"?

[tombom62]

What a goo d idea!

[Radiant]

Yes, you can do that. Parody is explicitly allowed by American (and most other) copyright laws.

Second, you can't copyright a concept anyway. You can copyright e.g. a logo, or that standard bluish windows desktop background, or things like that; but similar graphics are easy to find on freeware or public domain sites.

Third, if you're using "a very similar interface", please note that Microsoft didn't invent that interface; they copied it from Apple (who didn't invent it either, but copied it from a yet older computer that nobody's heard of any more).

[Sam.]

So as long as the parody contains boobs or sex, it's ok?

Excellent, I can go ahead with Mac OS-SEX Sex Kitten.

[Akatosh]

I understand it's standard procedure to publish hentai of popular anime series under the label "parody" so you won't get copraped for selling it.

I mean... that's... uh, just something that I heard... from somebody I don't even know... yeah.