For the benefit of those in the discussion,
this page provides a background on exactly what constitutes fair use.
In short: Four pillars of fair use:
* Nature of the usage (commercial/noncommercial, transformative, etc)
* Nature of the copyrighted material (factual vs original, largely)
* Quantity of material used (I'd be interested to hear others' thoughts on this, but IMO the game is only valuable insofar as allowing people to play it, and a demonstration of the game played extraordinarily wouldn't be considered redistribution under that definition...)
* If this use were to become widespread, how would it affect the market for the copyrighted material?
They consider the first three before looking at the fourth. I'd say there's not a great chance of it holding up... but I am not a lawyer.
EDIT: Oh, Warp was talking about the graphics and music... that's substantially different. Yeah, not much chance I would say.