Supreme Court Determines That Baby Shark Song is Not an Instance of Plagiarism
In a landmark decision, South Korea's Supreme Court has affirmed the dismissal of American composer Johnny Only's plagiarism lawsuit against The Pinkfong Company. The lawsuit, which was initially filed in 2019, centred around the popular children's song "Baby Shark."
Johnny Only, real name Jonathan Robert Wright, claimed that Pinkfong's viral 2015 "Baby Shark" was a derivative of his 2011 version, based on traditional North American children's folk songs. However, the Supreme Court ruled that Pinkfong's "Baby Shark" was not plagiarized and upheld earlier rulings that found insufficient grounds to conclude copyright infringement.
The court's decision is based on the premise that Only's song lacked substantial modification of the folk tune, making it impossible to be regarded as a separate creative work entitled to protection. The Supreme Court also reinforced the principle that oral folk tunes belong to the public domain and can be freely adapted with sufficient originality.
The ruling ends a six-year legal battle that began when Johnny Only sued The Pinkfong Company (formerly known as SmartStudy) in Seoul, claiming that "Baby Shark" (2015) copied his 2011 song. The lower court's decision that dismissed Johnny Only's lawsuit was upheld by both the appellate court in 2023 and the Supreme Court of South Korea.
"Baby Shark," with its catchy lyrics "Baby Shark doo doo doo," has become a global phenomenon, amassing over 16 billion views on YouTube, making it the most viewed video on the platform. Despite Johnny Only's claims, The Pinkfong Company maintained that their version of "Baby Shark" was an adaptation of an uncopyrighted traditional North American children's song.
Johnny Only sought 30 million won (around $30,000 CAD) in damages, alleging that elements of his work, including its bassline and rhythm, were copied. However, the Supreme Court's ruling has now put an end to these claims.
Notably, "Baby Shark" has surpassed the views of other popular songs such as "Wheels on the Bus" and "Despacito" (by Luis Fonsi). Despite the legal battle, "Baby Shark" continues to captivate children worldwide, making it a beloved part of many families' daily routines.
Johnny Only did not respond to AFP's requests for comment regarding the latest court decisions, while The Pinkfong Company also remained silent on the matter. The Supreme Court's ruling has affirmed a lower court's decision that dismissed a lawsuit by the American composer, marking a significant victory for The Pinkfong Company.
The supreme court's ruling, affirming the dismissal of Johnny Only's lawsuit, signifies a significant win for The Pinkfong Company in the ongoing dispute over the "Baby Shark" song. This decision underscores the fact that 'Baby Shark' falls under pop-culture, given its massive popularity and public domain status as an oral folk tune, while artworks requiring substantial modification for copyright protection were not present in Johnny Only's case.
