Quick answer: yes, it happens constantly. The publisher licensed those real-world songs to play inside the game— that license doesn't extend to your broadcast of the game. Radio stations in open-world titles, rhythm games, sports games, and licensed-soundtrack indies are recurring DMCA sources for streams, VODs, and clips.
The risk map, by game type
- High risk: in-game radio with chart music, rhythm/dance games, sports titles with licensed soundtracks, story games scored with real songs. Treat their music like a Spotify playlist — because legally, it is one.
- Medium: original scores published through major music labels (claims have happened), licensed menu themes, in-game concerts/events.
- Lower: publisher-owned original scores, especially where the publisher's video policy explicitly blesses streaming. Still copyrighted — but enforcement against streamers is rare and usually policy-backed.
Streamer mode: use it every time it exists
Many modern games ship a streamer/broadcast modethat swaps or silences the licensed tracks while keeping everything else. It exists precisely because publishers know their music licenses don't cover your stream. If the setting exists, flipping it on is the cheapest insurance in streaming. No streamer mode? Turn in-game music volume to zero and keep your own licensed background music instead.
Protect the VOD, not just the live stream
VODs and clips get scanned long after you're offline — that's why VODs end up muted. Keep game audio on its own track (OBS setup guide) so your archive can stay clean even when the live broadcast had game audio.
The catch-all for surprise tracks
You can't memorize every game's licensing. StreamHushdoesn't need to: it recognizes copyrighted songs in your stream audio — including the ones a game springs on you mid-mission — and mutes the source in OBS within ~2 seconds, un-muting when the track ends. Your commentary keeps going; the licensed song never reaches the VOD.