Rejection of Copyright Claims

The South Korean Supreme Court rejected a WON 30 million (approx. $21,600 or €18,454) copyright claims about the viral children’s song "Baby Shark". The US composer Jonathan Wright claimed that the 2015 "Baby Shark" of the South Korean educational startup Smartstudy, now known as The Pinkfong Company, copied a song that he published in 2011.

Background of the Case

However, the court decided that Wright’s reproduction was not original enough to qualify for protection and maintain previous decisions. After its publication in 2015, PinkFong’s "Baby Shark" exploded worldwide and now has more than 16 billion views on YouTube. Wright, also known as Johnny, recorded his version in 2011, four years before the version of Pinkfong.

Traditional Melody

Both songs are based on a traditional melody that has been popular for children in the USA for many years. The South Korean courts solved Pinkfong from copyright violations in 2021 and confirmed the decision in 2023. The Supreme Court confirmed both decisions.

Court Decision

"The Supreme Court assumes the determination of the plaintiff that the plaintiff’s song did not contain any significant changes to the mass in connection with the case to the extent that it could be seen as a separate work after shared social standards," says an explanation. Pinkfong said the judgment of the court confirmed "Baby Shark", "is based on a traditional singing in Singalong, which has joined the public".