Popular children's song 'Baby Shark' is not plagiarised, says South Korea's SC

South Korea’s Supreme Court has dismissed a copyright lawsuit filed by a US composer against the creators of the globally popular children’s song “Baby Shark,” bringing an end to a legal battle that lasted six years.

Jonathan Wright, also known as Johnny Only, had accused South Korean company Pinkfong of copying elements from his 2011 version of the tune. He filed the lawsuit in Seoul in 2019, seeking 30 million won (around €18,500) in damages.

Pinkfong’s version, released in 2015, had become an international sensation, but both songs drew inspiration from a traditional melody long popular at children’s summer camps in the United States.

The Supreme Court upheld earlier rulings from 2021 and 2023, which concluded that Wright’s version did not sufficiently differ from the original folk tune to qualify as an original creative work eligible for copyright protection.

The court also noted that Pinkfong’s rendition showed clear differences from Wright’s song.

In a statement, the Supreme Court said its decision reinforced the legal principle that existing folk melodies, when only minimally altered, do not constitute copyrightable material.

“The plaintiff’s song did not involve substantial modifications to the folk tune to the extent that it could be regarded, by common social standards, as a separate work,” the statement read.

Pinkfong welcomed the ruling, emphasising that its “Baby Shark” version was based on a traditional singalong chant in the public domain, which the company transformed with an upbeat rhythm and catchy melody into the pop culture phenomenon known today.

Wright’s South Korean attorney, Chong Kyong-sok, described the verdict as “a little disappointing” but acknowledged that the matter was now resolved. “It’s our work that came out first, so we can handle the licensing on our side, and I guess we then each go our separate ways,” he said.