Kanye West used a Backstreet Boys sample on new album without permission – and they might not be able to stop him

Kanye West showcased a host of new songs from his forthcoming album last night (December 12) and one of them featured a Backstreet Boys song.

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The track ‘Everybody’ features a recreated chorus from Charlie Wilson, who joins West, Ty Dolla $ign and Lil Baby on the track, instead of mining a sample from the boy band’s famous 1997 hit ‘Everybody (Backstreet’s Back)’. You can view the performance of the track below.

A sample would require permission from both a record label and a publisher, but because an interpolation – which is essentially a cover of a segment of a song re-sung or re-played in another song – does not use a recording, only the publisher’s permission is required.

Because Backstreet Boys did not write the song they have no control over its use. So far the original writers of the song, Max Martin and his late mentor Denniz Pop’s estate, have not blocked West’s version.

According to Variety, due to the song not yet being released and not earning money, West could play it publicly but not officially release it, which would not be a copyright violation.

Last night’s listening party with Ty Dolla $ign at Wynwood Marketplace in Miami, saw the pair debut their forthcoming album ‘Vultures’, which is expected to drop this Friday (December 15).

Along with ‘Everybody’ other tracks that were showcased included ‘Slide’, Paid’, ‘Beg Forgiveness’ and ‘River’.

Kanye and Ty’s collaborative album has been in the works for a while, with Ty telling an audience in November that they had just been recording together in Saudi Arabia. Speculation had kicked up in October when West reportedly held an intimate listening party for the record at a recording studio in Italy.

A “multi-stadium listening event” had been planned for the album, but it ended up being cancelled. It had been expected that the record would be released concurrently with the event, scheduled for November 3, having previously been expected for a release on October 13.

Rumours had also been swirling about an upcoming concert in Italy to promote the new album, before sources shared that the concert would not be taking place due to safety fears.