Pinkfong didn’t plagiarise ‘Baby Shark’ from US composer: South Korean Supreme Court

Seoul: South Korea’s Supreme Court has dismissed a 30 million won (about $21,600 or €18,454) copyright claim over the viral children’s song “Baby Shark.” 

US composer Jonathan Wright claimed that the 2015 hit by South Korean education startup SmartStudy, now known as The Pinkfong Company, copied a version he released in 2011.

The court ruled Thursday that Wright’s rendition wasn’t original enough to qualify for copyright protection, upholding earlier decisions from 2021 and 2023.

What is the issue?

Wright, also known as Johnny Only, recorded his version in 2011, four years before Pinkfong released theirs. Both versions were based on a traditional melody that had long been popular at children’s summer camps in the United States.

South Korean courts had previously cleared Pinkfong of copyright infringement in 2021 and reaffirmed that decision in 2023. They ruled that Wright’s rendition did not differ sufficiently from the original melody to qualify as an original creative work eligible for copyright protection, while Pinkfong’s version showed clear differences, establishing it as a distinct work. The Supreme Court’s ruling now brings the case to a final conclusion.

Supreme Court ruling

“The Supreme Court accepts the lower court's finding that the plaintiff's song did not involve substantial modifications to the folk tune related to the case to the extent that it could be regarded, by common social standards, as a separate work,” the court said in a statement.

Pinkfong said the ruling confirmed that “Baby Shark” was “based on a traditional singalong chant that has entered the public domain.”

Global phenomenon

Pinkfong’s “Baby Shark” became a worldwide sensation after its 2015 release. The original “Baby Shark Dance” video has now exceeded 16 billion views on YouTube and reached No. 32 on the Billboard Hot 100.

The song remains a key property for Pinkfong, which has expanded the franchise into TV shows, Netflix series, movies, smartphone apps, and global musicals. The franchise features the five-member shark family: Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark.

(With inputs from AP)