probably, horse the band r awesome but they don't use the exact video game themes from nintendo, they just get that old school 16-bit sound and use it in their music.
Use it for what?

Playing a song live - doesn't really matter. But if you recorded a song without seeking permission (or at least giving credit to the owners), then it's probably not a good idea.
Jackson JS30KE
Roland Cube 30
ja dood not a good idea. but i'm down with the nintendo stuff, HORSE is sweet. iv'e heard some other nintendo-ish metal groups but i forget the names
all you have to do is change few notes and change the name of the song...as long as its not exactly the same...its fine