The Backstreet Boys song “Everybody” is heavily sampled in Kanye West‘s new song of the same name and a new report reveals how he might have gotten away with it.

TMZ reports that the boy band did not grant Kanye permission to use the song, but it’s possible that he didn’t even need their permission.

The chorus for the original song is heard on Kanye‘s new version, which also features Ty Dolla Sign.

So, how can he get away with it?

Keep reading to find out more…

TMZ points out the new version “featured other voices singing the chorus, so it’s possible he can get away with it through a loophole.”

Variety notes, “While a sample would require permission from both a record label and a publisher (or whoever those rights holders may be), because an interpolation does not use a recording, only the publisher’s permission is required.”

The Backstreet Boys didn’t write the song, so their permission is not needed. Writers Max Martin or the estate of his late partner Denniz Pop would need to grant permission.

The song is slated to be featured on Kanye‘s new album Vultures and the rapper is sparking controversy over something that happened at his album listening party.