It turns out that the original Donkey Kong graphics are copy written. After figuring this out, I was pretty sure the project was dead.... But I wasn't  going to give up that easily. After trudging through loads of Nintendo Legal Issues documents, and some help from the zune boards, I finally got an answer. I just need to put "Sprites and Sounds (c) of Nintendo. This game is in no way associated with Nintendo, or any of its affiliates. All other content is (c) to their respective owners."
The Donkey Kong Project goes on!

Another good thing is that a member at the zune boards got me a link to the original sound effects of the arcade game! If anyone is interested, the link is as follows: http://www.basementarcade.com/arcade/sounds/sounds.html. They have more than just Donkey Kong sounds as well!