South Korea's supreme court has rejected a US composer's claim that the children's song Baby Shark was plagiarised, ending a six-year legal battle. The court upheld lower court rulings in favour of Pinkfong, the South Korean company behind the viral hit.
The song, released in 2016, has become YouTube's most viewed video with over 16 billion views, far surpassing Despacito and Wheels on the Bus. It has generated millions through spinoffs including TV shows, movies, and apps.
US songwriter Jonathan Wright, known as Johnny Only, filed a lawsuit in 2019 alleging Pinkfong copied his 2011 version of the song, which he claimed was a derivative work. Wright's version also featured the 'doo doo doo doo doo doo' refrain and a hand motion resembling a shark's mouth.
The supreme court ruled that Wright's version 'had not reached a level of substantial alteration' from the original traditional song to qualify for copyright protection. Even if it were considered a secondary work, the court found 'no substantial similarities' between Pinkfong's version and Wright's.
Pinkfong argued its version was an arrangement of a public domain song, believed to have originated in the US in the 1970s. The company welcomed the decision, stating Baby Shark was 'based on a traditional singalong chant' to which it added 'a fresh twist'.
Wright had sought 30 million won ($22,000) in compensation. He initially thought Pinkfong could use the song freely, but pursued legal action after learning the company had threatened a South Korean political party over its use of Baby Shark.
