SEOUL, South Korea (AP) – On Thursday, South Korea's Supreme Court dismissed a 30 million won ($21,600) damage claim made by Jonathan Wright, an American composer. Wright, also known as Johnny Only, accused a South Korean children's content company, Pinkfong, of plagiarizing his rendition of the popular children's song "Baby Shark." This decision marks the conclusion of a six-year legal battle surrounding the globally renowned tune, celebrated for its infectious "doo doo doo doo doo doo" hook.
The Supreme Court upheld previous rulings from lower courts issued in 2021 and 2023, which found insufficient evidence to support Wright's claim that Pinkfong had infringed upon his copyright. Although Wright recorded his version of "Baby Shark" in 2011—four years prior to Pinkfong's version—both compositions are derived from a traditional melody that has been a staple at children’s summer camps in the United States for many years.
The courts determined that Wright's version did not exhibit enough originality to warrant copyright protection, as it did not differ significantly from the original melody. Furthermore, they established that Pinkfong's adaptation of the song contained distinct variations that set it apart from Wright's interpretation.
In the aftermath of the ruling, neither Wright's South Korean attorney nor representatives from Pinkfong provided immediate responses to media inquiries regarding the judgment.
Pinkfong’s "Baby Shark" achieved monumental success after its release on YouTube in 2015. The original video has now surpassed 16 billion views, which has helped catapult it into global fame. Additionally, the song reached a peak position of No. 32 on the Billboard Hot 100 chart, further solidifying its status as a cultural phenomenon.
This legal decision underscores the complexities surrounding copyright claims, particularly when traditional melodies are involved. It also highlights the differences in international copyright law, showcasing how various jurisdictions may interpret originality and creative expression.
