Kanye West’s recent listening event for his upcoming album, Vultures, held in Miami on Monday night, was filled with controversy and unexpected moments. Among them was his use of the Backstreet Boys’ 1997 hit, Everybody (Backstreet’s Back), in the first song he previewed, titled Everybody. However, the legal implications of this inclusion are more complex than they may seem.
A Case of Interpolation, Not Sampling
Rather than directly sampling the original recording of Everybody, West’s version features a recreated chorus performed by Charlie Wilson, who appears on the track alongside Ty Dolla $ign and Lil Baby. This technique, known as interpolation, involves re-recording or re-performing elements of a song rather than using the original audio.
From a legal standpoint, a direct sample would require clearance from both the record label that owns the master recording and the song’s publisher. However, because an interpolation does not use the original recording, only the publisher’s approval is necessary.
Why the Backstreet Boys Had No Say
While Everybody (Backstreet’s Back) is closely associated with the Backstreet Boys, the group did not write the song. The songwriting credits belong to Swedish hitmaker Max Martin and his late mentor, Denniz Pop. As a result, the Backstreet Boys had no authority over whether the song could be used in Vultures. The final decision likely rested with Martin or the estate of Denniz Pop, and there is no indication they opposed the usage.
Could West Avoid Legal Issues?
There’s also another potential legal loophole at play. Because Vultures has not yet been officially released, West may have been able to perform the song publicly without securing full copyright permissions. As long as the track remains unreleased and is not monetized, it may not constitute a copyright violation. A similar tactic was employed earlier this year by David Guetta, who played a song featuring an AI-generated imitation of Eminem’s voice without officially releasing it.
Responses From the Music Industry
Representatives for the Backstreet Boys, Max Martin, and Kobalt—the company handling the song’s publishing—either declined or did not respond to inquiries regarding the song’s usage. A Kobalt spokesperson stated, “We do not comment on legal matters.”
What’s Next for Vultures?
West’s new album, Vultures, is expected to be released late Thursday, although details remain unclear regarding its distribution. The rapper and producer parted ways with Def Jam and Sony Music Publishing in 2021 after fulfilling his contractual obligations with both companies. The news of his departure only became widely known last year when West’s string of antisemitic remarks led to the termination of several high-profile business partnerships.
As Vultures nears its anticipated release, industry insiders and fans alike will be watching closely to see if the album sparks further legal complications or if West once again manages to navigate around the complexities of music copyright laws.