South Korea’s top court rejects US composer’s ‘Baby Shark’ copyright claim

South Korea’s Supreme Court dismissed a copyright lawsuit filed by American composer Jonathan Wright, ruling on Aug. 14 that his 2011 version of “Baby Shark” lacked sufficient originality and could not claim legal protection.

The decision ends Wright’s six-year legal battle against South Korean entertainment company SmartStudy, better known for its Pinkfong brand, whose viral 2016 rendition of the children’s song has become a global phenomenon. The court upheld earlier rulings that “Baby Shark” originated from a traditional folk tune, concluding Wright’s version was not distinct enough from the original to warrant copyright.

Pinkfong’s adaptation was deemed a creative reinterpretation, not a copy. The company welcomed the ruling, stating it confirmed that their version gave the folk song a fresh twist through added rhythm and melody. Wright, also known as Johnny Only, first filed the complaint against SmartStudy at the Seoul Central District Court on Oct. 22, 2018. Wright’s lawyer, Chong Kyong-sok, acknowledged the verdict, calling it “a little disappointing” but confirmed the matter was now resolved.

Since its YouTube debut, Pinkfong’s “Baby Shark” has become one of the most-watched videos in history, with over 16 billion views. The song’s success has driven a multimedia franchise, including television shows, toys and live performances.