I was actually going to ask a very similar question, so I guess I'll just ask it here.
What if the game I'm making is a Touhou fangame?
Now, I understand that ideally I should always ask for permission to use circles' music, but as has been pointed out, that can be quite difficult and bother the circle unnecessarily.
There are also different situations - for example, I've seen plenty of videos on Youtube of people showcasing their Danmakufu scripts with some Touhou remix playing in the background - of course, the circle who originally produced the music would probably think nothing of it even if they found out. Meanwhile, on the other end of the spectrum, if you were making a fangame to sell at Reitaisai or something, of course asking for the circle's permission would be non-negotiable. So my question is - where would you draw the line? At what point can you (well, me):
1. Just use the music and not worry about permission (but give credit of course)
2. At least try to contact the circles, but not worry too much if it doesn't go through
3. Try to contact the circles and only go through with their consent
4. Just not use the circles' music at all
?