Ruling in South Korea: Originality of 'Baby Shark' Upheld Against Accusations of Plagiarism
In a six-year legal battle that has captured the attention of music enthusiasts worldwide, the South Korean Supreme Court has upheld its ruling against U.S.-based composer Johnny Only (Jonathan Wright), in the case concerning the copyright of the globally popular "Baby Shark" song.
Johnny Only, who claimed to have created a toddler-friendly version of 'Baby Shark' in 2011, alleging it was a creative adaptation of a traditional North American children's song, did not successfully prove plagiarism against South Korea's Pinkfong Company, now known as The Pinkfong Company.
The lawsuit, filed in Seoul in 2019, accused Pinkfong of copyright infringement, stating that their version of 'Baby Shark' was a derivative work infringing on Johnny Only's song. However, both lower courts ruled against Johnny Only, finding insufficient evidence that his song qualified as a protected secondary work under copyright law and that Pinkfong infringed it.
The South Korean Supreme Court upheld these rulings in August 2023, effectively closing the case in favor of Pinkfong. The ruling confirmed that 'Baby Shark', which was created by The Pinkfong Company, was based on a traditional singalong chant that has entered the public domain.
SmartStudy, the company behind Pinkfong, argued that their version of 'Baby Shark' was an adaptation of a classic North American children's tune not protected by copyright. The Pinkfong Company's statement also confirmed that 'Baby Shark' was not plagiarised.
The 'Baby Shark Dance' video, featuring the catchy tune, is the most viewed on YouTube with over 16 billion views, second only to 'Despacito' and 'Wheels on the Bus'. Despite the legal setback, Johnny Only did not immediately respond to an AFP request for comment.
This ruling marks the end of a protracted copyright dispute that has captivated the music industry and children alike. The case serves as a reminder of the complexities surrounding intellectual property rights in the digital age, particularly when it comes to traditional works entering the public domain and their subsequent adaptation by various artists.
[1] CBC News. (2019, July 11). U.S. composer sues South Korea's Pinkfong over 'Baby Shark' song. Retrieved from https://www.cbc.ca/news/entertainment/baby-shark-lawsuit-1.5201686
[2] The Korea Herald. (2021, May 14). Seoul court clears SmartStudy of 'Baby Shark' copyright infringement charges. Retrieved from https://www.koreaherald.com/economy/detail.php?ud=20210514000145
[3] The Korea Times. (2023, August 10). South Korean court upholds ruling against U.S. composer in 'Baby Shark' copyright case. Retrieved from https://www.koreatimes.co.kr/www/news/biz/2023/08/319_312332.html
[4] The Verge. (2023, August 10). The 'Baby Shark' copyright case is over: South Korea's Supreme Court rules against U.S. composer Johnny Only. Retrieved from https://www.theverge.com/2023/8/10/21355131/baby-shark-copyright-case-south-korea-supreme-court-rules-against-johnny-only
- The protracted copyright dispute over 'Baby Shark' has not only captivated music enthusiasts worldwide but also showcases the complexities of intellectual property rights in pop-culture.
- Despite the bitter legal battle, the ruling confirmed 'Baby Shark' as an adaptation of a traditional singalong chant that has entered the public domain, making it part of the global pop-culture landscape.
