One solution to the whole thing is to use music that is out of copyright, and here I'm thinking especially of old classical music. Many contemporary films and games alike use music that is of a classical style but which has been composed recently - John Williams is a bit of a demigod in this sense with films such as 'Saving Prvt. Ryan', 'Star Wars', 'Jaws', the 'Indiana Jones' trilogy, 'Jurassic Park', 'Back to the Future' and 'ET' (to name but a few) under his belt. They like to have their own music to give the product a unique feel, and this stuff will still be protected by copyright law.
However, you can find plenty of old classical music to fit any mood and you dont have to worry about Mr. Sony or Mrs. (for political correctness' sake ;-)) BMG knocking on your (or OFPECs) door.
You want to tell a good war story? You could do worse than take a leaf out of "Platoon's" book with Samuel Barber's chilling 'Adagio for Strings' as the title theme. If you're still not convinced then try to find someone who, when asked to name a song from 'Apocalypes Now', doesn't immediately respond with Wagner's 'Ride of the Valkyries'.
UbiquitousUK