SEOUL: South Korea’s Supreme Court ruled on Thursday that the global children’s hit “Baby Shark” does not constitute plagiarism.
The decision dismissed a copyright infringement lawsuit filed by US-based composer Johnny Only against South Korean education firm SmartStudy.
The viral “Baby Shark Dance” video remains YouTube’s most-viewed content with over 16 billion views, surpassing Luis Fonsi’s “Despacito”.
Johnny Only, legally named Jonathan Wright, had claimed SmartStudy’s 2015 release copied his 2011 composition’s bassline and rhythm.
He sought 30 million won ($21,700) in compensation through his 2019 Seoul lawsuit against the Korean company.
SmartStudy, now rebranded as The Pinkfong Company, maintained their version adapted a traditional children’s tune in the public domain.
A Seoul district court originally cleared Pinkfong of copyright violations in 2021 due to insufficient evidence.
The appellate court upheld this verdict in 2023 before Thursday’s Supreme Court confirmation.
Court documents stated “All appeals were dismissed and the lower court’s rulings were upheld” in the final judgment.
Pinkfong celebrated the ruling, stating it validated their creative adaptation of a traditional chant into a pop phenomenon.
The company credited their success to adding “an upbeat rhythm and catchy melody” to the public domain material.
Only previously told CBC he had rewritten the original shark attack song into a child-friendly version in 2011.
He claimed Pinkfong’s version followed his creative approach during the 2019 interview.
The composer had not responded to AFP’s request for comment following Thursday’s verdict. - AFP
