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Hayleigh Bosher, Senior Lecturer in Intellectual Property Law, Brunel University London

Beyoncé is cutting a sample of Milkshake out of her new song – but not because she 'stole' it

Carlijn Jacobs

There was lot of excitement leading up to Beyoncé’s album Rennaissance, which was leaked two days before it release. Maybe it could have done with a bit more time, as two songs are set to be rerecorded and released. The song Heated will have ableist language removed from it, while the song Energy will be rerecorded without one of the samples on which it is built.

This second change has been portrayed as a response to the singer Kelis calling the use of the sample “theft”, and to Beyoncé “allegedly failing to seek permission for usage”. But that’s not actually true. While Kelis might not have been paid for the sample – and that is an issue – that’s to do with her legal contract with her producers, not a failure on Beyoncé’s part.

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