South Korea’s Supreme Court on Thursday upheld lower court rulings against plagiarism claims by a U.S. songwriter who accused Pinkfong of plagiarizing a version of the “Baby Shark” song that became an international sensation, as evidenced by a Baby Shark balloon’s appearance in the 2023 Macy’s Thanksgiving Day parade in New York City. File Photo by John Angelillo/UPI | License Photo
A popular “Baby Shark” song that South Korea’s young children adore and their parents often find annoying is not plagiarized, South Korea’s highest court ruled on Thursday.
The South Korean Supreme Court ruled the Pinkfong Co. did not plagiarize the song, as claimed in 2019 by U.S. children’s songwriter Johnathan Wright, aka Johnny Only.
Wright accused Pinkfong of plagiarizing an earlier version of “Baby Shark” that he penned, but the South Korean court ruled his was just another version of several other existing songs.
The court said Wright is not the original composer and his version does not qualify as a “creative work” that is protected by intellectual property laws.
Wright allegedly penned the song’s “doo doo doo doo doo doo” chorus and uploaded his version to the internet in 2011.
Pinkfong uploaded its version of the “Baby Shark” song in 2015 and again in 2016.
That version became an international hit by setting a YouTube record with more than 10 billion views by 2022, which since has topped 16 billion.
Wright sought $21,600 in compensation when accusing Pinkfong of plagiarism in a Seoul court.
Pinkfong officials argued their version is a unique arrangement of an existing folk song that is in the public domain.
Two South Korean courts agreed with Pinkfong and ruled against Wright’s claim, which led to Thursday’s final ruling by that nation’s top court.
The Supreme Court ruled Wright’s 2011 version “had not reached the level of substantial alteration” of a folk song that had existed for years.
The song’s origins are in question, but it likely was created in the United States during the 1970s and became a popular summer camp song, the BBC reported.
Some have suggested it was created after filmmaker Steven Spielberg’s “Jaws” became a global sensation in 1975.
Other versions of the song were recorded in France and Germany, among others.
Pinkfong’s version became the most successful of all and attained the No. 32 spot on the Billboard Hot 100 in January 2019.
Its success spurred the creation of TV shows, movies, apps and Baby Shark-themed products that have generated millions in revenue for Pinkfong.
