South Korean Supreme Court Rules on ‘Baby Shark’ Copyright Infringement Case

South Korea’s Supreme Court rejects a U.S. composer’s allegation that the producers of the children’s song “Baby Shark” committed plagiarism.

A copyright battle over the beloved (and perhaps dreaded by parents) children’s song “Baby Shark” has come to an end. In 2019, an American children’s songwriter claimed South Korean entertainment company Pinkfong had copied his work when releasing their now-viral rendition of the song. But the South Korean Supreme Court has now ruled in Pinkfong’s favor, ending the six-year legal battle.

Jonathan Wright, also known as Johnny Only, had accused Pinkfong of plagiarizing his earlier version of the song. But the court ruled on Thursday (August 14), that Wright’s version can’t be considered his “creative work,” as there were already versions of the song prior to his own. Further, Wright’s version “did not significantly add new creativity.”

“The plaintiff’s song is difficult to be protected as a secondary copyrighted work because it did not reach a substantial alteration to the extent where it could be considered as a separate work, by social norms, from the oral song mentioned in this case,” said the ruling.

Despite most people knowing “Baby Shark” specifically from Pinkfong’s rendition going viral on YouTube in 2015, the song had actually existed for at least 15 years. Wright uploaded his version to his YouTube channel in 2011, and Pinkfong uploaded theirs in 2015 and 2016, first released in Korean and then English.

However, several versions of “Baby Shark” predate Wright’s version, including a German version that went mildly viral in Europe in 2010. Wright only filed his plagiarism claim after Pinkfong’s renditions went viral worldwide, reaching #32 on the Billboard Hot 100.

The court focused on whether Wright’s version could be considered a “secondary work” of the original, and whether Pinkfong’s version was substantially based on his own. The South Korean Supreme Court ruled that Wright did not make significant “edits or changes” to a level that could grant him a copyright as a secondary work.

Pinkfong’s “Baby Shark Dance” video has accrued more than 16 billion views on YouTube to date. The company has made millions of dollars from Baby Shark-themed products, including TV shows and movies, smartphone apps, and more.