Most game music is fine if it was claimed it may belong to a outside party for use in the game. It really a catch 22 because you will never know. I always put in the description of my video all footage used belongs to (Place owner name here)along with the intellectual of (IP name ) . The following is a parody. all audio,visual, and in game content belongs to the (publisher, and developer name here) .Please support the official release. This works if you are claimed and get in contact with them. But there is no way to be sure before hand most orchestrated music can belong to a certain composer i.e (jeff willams,Brian Tyler) so it is copyrighted. For in house music like Nintendo they can be very strict on this because they all own it. You just need to take a leap of faith. I have looked for a advanced warning there isn't a way as far as I know I have looked into it greatly. You could go and find the TOS and Fair use policy and read them to find out if you can. BUT unless your a lawyer there will be basically no point to that. So no you can only take precautionary measures.