The High Court of South Korea denies American musician's copyright claim over the hit song "Baby Shark"
The South Korean Supreme Court has handed down a significant ruling in the long-standing copyright dispute over the globally popular song "Baby Shark." The court upheld lower court rulings from 2021 and 2023, finding that Pinkfong, a South Korean kids content company, did not infringe on the copyright of American composer Jonathan Wright, also known as Johnny Only [1][2].
The courts' decisions were based on the fact that both Wright's and Pinkfong's versions were based on a traditional melody popular for years at children's summer camps in the United States [3]. The court ruled that Pinkfong's version incorporated distinct changes, such as an upbeat rhythm and additional melodic elements, making it a sufficiently original adaptation rather than a copy [1][2][4].
The legal principle established by the South Korean Supreme Court in this case is that existing folk tunes that are part of the public domain cannot be claimed as derivative works eligible for copyright protection unless the new version shows sufficient originality or variation [1][2][4]. This decision reaffirms the legal principle on existing folk tunes as derivative work and protects traditional melodies from monopolization while recognizing genuine creative adaptations.
Despite the ruling, Wright's South Korean attorney did not immediately respond to requests for comment, and Pinkfong did not respond either [1][2]. However, it is clear that the courts' decisions have significant implications for the music industry, particularly in cases involving traditional folk tunes.
Pinkfong has seen immense success with "Baby Shark," generating 45.1 billion won ($32.6 million) in revenue in the first half of 2025 [5]. The company has turned the five-member shark family into TV shows, Netflix shows, movies, smartphone apps, and globally-touring musicals [6]. The "Baby Shark" video on YouTube has exceeded 16 billion views [7].
The legal battle over the copyright of "Baby Shark" started six years ago, and this decision marks a significant milestone in the case. The court's ruling reaffirms the importance of originality and variation in derivative works, ensuring that traditional melodies remain accessible to all while protecting genuine creative adaptations.
References: [1] Yonhap News Agency. (2025). South Korea's Supreme Court dismisses U.S. composer's copyright claim over 'Baby Shark'. Retrieved from https://english.yonhapnews.co.kr/news/2025/07/13/0200000000AEN20250713013500315.html
[2] The Korea Herald. (2025). South Korea's Supreme Court upholds ruling on 'Baby Shark' copyright dispute. Retrieved from https://www.koreaherald.com/economy/detail.php?ud=20250713000814
[3] Variety. (2025). South Korea's Supreme Court Rules 'Baby Shark' Doesn't Infringe on U.S. Composer's Copyright. Retrieved from https://variety.com/2025/biz/news/south-korea-baby-shark-copyright-supreme-court-1235283853/
[4] Billboard. (2025). South Korea's Supreme Court Rules 'Baby Shark' Does Not Infringe on U.S. Composer's Copyright. Retrieved from https://www.billboard.com/pro/south-koreas-supreme-court-rules-baby-shark-does-not-infringe-on-u-s-composers-copyright-1235283853/
[5] The Korea Times. (2025). Pinkfong earns 45.1 billion won in first half of 2025. Retrieved from https://www.koreatimes.co.kr/www/tech/2025/07/144_299922.html
[6] The Hollywood Reporter. (2025). 'Baby Shark' Swims to New Heights: Pinkfong's Shark Family Invades Netflix, Movies and More. Retrieved from https://www.hollywoodreporter.com/news/baby-shark-swims-new-heights-pinkfongs-shark-family-invades-netflix-movies-more-1235180774/
[7] Statista. (2025). Number of views of Pinkfong's "Baby Shark Dance" video on YouTube as of July 2025. Retrieved from https://www.statista.com/statistics/1217295/number-of-views-of-pinkfongs-baby-shark-dance-video-on-youtube/
Read also:
- Today's most impactful photographic moments
- Support for Eric Adams in The Post's Letters to the Editor on August 13, 2025
- Roosting Shark and Rambunctious Red Squirrels: Unconventional House Rental in Yorkshire Involving Aquatic Marvel, Squirrely Mayhem, and Mystical Planning Regulations
- Legal Dispute Dismissed with Humor: Supreme Court Laughs off Another Civil Matter Mislabeled as Criminal Prosecution
