Graphics copyrights

[geoff-h -at- MTL -dot- FERIC -dot- CA]

 John Russell asked for opinions on a graphic he created
 based on another graphic created by Microsoft. John, you
 can't copyright an _appearance_: if you could, North
 American cars wouldn't all look the same. Similarly, such a
 copyright would ensure that only one application used the
 graphics for a tools palette, a tabbed dialog box, etc.
 It's the specific implementation of that appearance that is
 copyrighted: in short, you can imitate, but not photocopy
 (or download, as the case may be).

 Caution: You can, however, _trademark_ an appearance. The
 Microsoft logo's typographic characteristics would prevent
 you from creating a logo for "Microhard" that looked too
 similar. The legal touchstone: are you trying to make
 people think that your product is really Microsoft's, or
 are you just striving for compatibility?

 In your case, you'd likely be safe, for two reasons: you
 redesigned the specific icons on the screen, and Microsoft
 has finally accepted what Apple knew all along (that
 interface consistency is important to users), and is
 promoting this via their style guide. I'd be hesitant only
 if you used the actual (downloaded?) graphic from
 Microsoft's page, rather than coming up with a credible
 imitation on your own. If there's mention of this in their
 style guide (e.g., "make your help screen look something
 like this"), that would pretty much eliminate any worries.
 (Caveat: I'm not a lawyer.)

 --Geoff Hart     @8^{)}     geoff-h -at- mtl -dot- feric -dot- ca
 Disclaimer: Speaking for myself, not FERIC.