US Composer's Copyright Claim Over 'Baby Shark' Rejected by South Korean Supreme Court
In a ruling that reaffirms the legal principle on the copyright protection of folk tunes, South Korea's Supreme Court has dismissed a $21,600 damage claim by American composer Jonathan Wright over the plagiarism of his version of "Baby Shark."
The legal battle over the globally popular tune, known for its catchy "doo doo doo doo doo doo" hook, has lasted for six years. The original folk tune is considered public domain and not subject to copyright protection.
Jonathan Wright's 2011 version of Baby Shark was argued to be a copyrighted adaptation, but South Korean courts (including the Supreme Court) ruled that his changes were insufficiently original to warrant copyright. His work did not show enough creative modification to be recognized as a separate secondary work.
Pinkfong's viral version, on the other hand, was ruled not to infringe on Wright's version because Wright's was not protected by copyright, and Pinkfong's version added its own new arrangement, rhythm, and melody to transform the traditional tune into a distinct pop song.
The courts' rulings date back to 2021 and 2023. Pinkfong's song had clear differences from Wright's version, according to the courts. The Supreme Court stated that Wright's song did not involve substantial modifications to the folk tune related to the case, to the extent that it could be considered a separate work.
The global phenomenon of Pinkfong's Baby Shark continues to generate significant revenue and media attention. Pinkfong has turned the Baby Shark family into TV and Netflix shows, movies, smartphone apps, and globally touring musicals. The original "Baby Shark Dance" video on YouTube has exceeded 16 billion views.
The Baby Shark characters include Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark. Pinkfong stated that its version of "Baby Shark" was based on a "traditional singalong chant" in the public domain.
The legal principles in South Korea regarding copyright protection of folk tunes, as illustrated by the Baby Shark plagiarism case, emphasize that folk tunes passed down through oral tradition belong to the public domain and therefore cannot be copyrighted. Only versions of such songs that show substantial creative modifications enough to be socially recognized as a new work can qualify for copyright protection as derivative works.
No new facts were presented in this paragraph about the legal battle over the copyright of "Baby Shark." No immediate comment was given by Wright's South Korean attorney regarding the Supreme Court's ruling. The Supreme Court's ruling reaffirms the legal principle on existing folk tunes as derivative work.
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- Despite the legal battle lasting six years, the Supreme Court of South Korea has determined that Jonathan Wright's version of "Baby Shark" lacked sufficient originality to be recognized as a separate copyrighted work.
- The global success of Pinkfong's version of "Baby Shark," which encompasses TV shows, movies, musicals, and a significant revenue stream, highlights the importance of demonstrating creative modifications in adapting traditional folk tunes to qualify for copyright protection as derivative works.
