‘Baby Shark’ Copyright Dispute Ends in Pinkfong’s Favor

A long-running copyright dispute over the viral children’s song “Baby Shark” has been resolved, with South Korea’s Supreme Court ruling in favor of Pinkfong, the company behind the most widely recognized version of the tune. The ruling clears Pinkfong of allegations that it plagiarized an American children’s songwriter’s version.

The song, known for its catchy “doo doo doo doo doo doo” refrain, became a global sensation, spawning television shows, movies, smartphone apps, and merchandise, generating millions in revenue for the South Korean company. However, in 2019, Jonathan Wright, also known as Johnny Only, filed a lawsuit claiming Pinkfong had copied his rendition of the song.

Wright took the case all the way to South Korea’s Supreme Court, arguing that Pinkfong’s version closely resembled his 2011 YouTube video, which featured children performing simple hand motions to the song’s rhythm. He asserted that the two versions shared the same key, tempo, melody, and rhythm, and sought 30 million won (roughly $21,600) in compensation.

Court Rules in Favor of Pinkfong

On Thursday, the Supreme Court ruled that Wright’s version could not be considered a “creative work” eligible for copyright protection. The court noted that “Baby Shark” had existed in multiple forms prior to Wright’s recording, and his version did not introduce sufficient original creativity to qualify as a new, protectable work.

“The plaintiff’s song is difficult to be protected as a secondary copyrighted work because it did not reach a substantial alteration to the extent where it could be considered as a separate work, by social norms, from the oral song mentioned in this case,” the court stated. This ruling reaffirmed the decisions of lower courts that had previously dismissed Wright’s claims.

Even if Wright’s rendition were considered a derivative of the original folk song, the court concluded that there were “no substantial similarities” between his video and Pinkfong’s version.

The Global Rise of Pinkfong’s ‘Baby Shark’

While many associate “Baby Shark” with Pinkfong’s viral 2015 and 2016 uploads, the song itself has existed as a folk tune for at least 15 years. Wright’s 2011 video featured children performing shark-like hand gestures to a bouncy melody. Pinkfong’s versions, first released in Korean and later in English, added animated shark characters and choreographed dances, creating a visual and musical identity that resonated worldwide.

Several versions of the song predate Wright’s video, including a German rendition titled “Kleiner Hai”, which gained modest popularity in Europe in 2010.

After Pinkfong’s version went viral, spawning phenomena like the #BabySharkChallenge and reaching No. 32 on the Billboard Hot 100 chart, Wright pursued his plagiarism claim. However, the Supreme Court concluded that Pinkfong’s song was not derived from Wright’s version and affirmed the company’s copyright.

Pinkfong’s “Baby Shark Dance” video has since accumulated over 16 billion views on YouTube, and the franchise has expanded into TV shows, movies, apps, and various merchandise featuring characters such as Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark.

The ruling ends a high-profile copyright dispute and solidifies Pinkfong’s ownership of one of the most recognizable children’s songs in the world, ensuring that the company can continue to capitalize on its global brand.