Court Ruling Ends Long Legal Battle
South Korea's Supreme Court has made a landmark decision regarding the globally popular children's song 'Baby Shark,' ruling that it does not infringe on copyright claims made by a US composer. The decision, announced on August 14, rejected a 30 million won ($21,600) damage claim by Jonathan Wright, also known as Johnny Only, who accused Pinkfong, the South Korean company behind the viral tune, of plagiarizing his 2011 version of the song. This ruling brings an end to a six-year legal battle over the catchy 'doo doo doo doo doo doo' refrain that has captivated audiences worldwide.
The court's verdict upheld previous rulings from 2021 and 2023 by lower courts, which found insufficient evidence to conclude that Pinkfong had infringed on Wright's copyright. Wright's version, while released four years before Pinkfong's 2016 hit, was based on a traditional folk melody popular at children's summer camps in the United States. The Supreme Court determined that Wright's interpretation did not constitute a significant enough alteration from the original public domain folk song to be considered a separate, protected work.
Public Domain Roots and Global Impact
The crux of the court's reasoning lies in the origins of 'Baby Shark' as a folk tune passed down through generations as an oral tradition. The justices emphasized that such melodies belong to the public domain, meaning they are not subject to individual copyright protection. Pinkfong argued successfully that their version was an independent arrangement of this same folk song, distinct enough from Wright's rendition to avoid infringement claims.
'Baby Shark' by Pinkfong has become a cultural phenomenon, amassing billions of streams and views on platforms like YouTube, where it holds the record as the most-viewed video. Its infectious rhythm and simple lyrics have made it a staple in children's entertainment across the globe. The legal victory for Pinkfong reinforces the idea that traditional songs, even when adapted, can remain free for creative reinterpretation without the burden of copyright disputes.
Implications for Copyright Law in Entertainment
This ruling has broader implications for the entertainment industry, particularly in how copyright law is applied to works derived from public domain material. By affirming that Wright's version did not qualify as an original creative work eligible for protection, the court has set a precedent that could influence future cases involving traditional or folk-based content. It highlights the challenges of claiming ownership over widely known melodies that lack substantial original alterations.
For Pinkfong, this decision solidifies their position as the creators of a unique adaptation that resonates with millions. The outcome may encourage other content creators to explore and reinterpret public domain works without fear of legal repercussions, fostering creativity in children's media and beyond. As 'Baby Shark' continues to dominate playlists, its legal status is now firmly anchored in South Korea's highest court ruling.