Court Clears Pinkfong of Plagiarism Claim in ‘Baby Shark’ Copyright Battle

In a significant resolution to a long-standing copyright dispute, the Korean creators of the globally popular children’s song “Baby Shark” have been cleared of plagiarism charges. The viral hit, featuring the iconic “doo doo doo doo doo doo” line, has spawned numerous spinoffs across various media platforms, amassing substantial profits for Pinkfong.

In 2019, an American songwriter named Jonathan Wright (known as Johnny Only) accused Pinkfong of copying his version of the song. This legal battle reached South Korea’s Supreme Court, where Wright argued that Pinkfong had plagiarized his rendition of “Baby Shark.”

However, the court’s ruling on Thursday stated that Wright’s version lacked originality compared to existing versions of the song. It was deemed that Wright did not significantly contribute new creativity, and thus, his work could not be protected as a copyrightable secondary work.

The court’s decision reaffirmed an earlier finding by a lower court, explaining that Wright’s song did not meet the criteria for substantial alteration necessary to qualify as a separate work from the original folk tune.

While Pinkfong’s version gained worldwide recognition through its viral success on YouTube, accumulating billions of views and becoming a ubiquitous anthem for toddlers, the song itself had been in circulation for at least 15 years prior. Wright uploaded his version, including the distinctive “doo doo doo doo doo doo” segment, to his YouTube channel in 2011.

Pinkfong’s versions, featuring animated sharks singing in Korean and later released in English with choreographed dances, emerged in 2015 and 2016. However, several versions of “Baby Shark” predate Wright’s video, such as a German version titled “Kleiner Hai” that gained lesser popularity in Europe in 2010.

Following Pinkfong’s renditions’ global impact, sparking trends like the #BabySharkChallenge and reaching No. 32 on the Billboard Hot 100 chart, Wright filed a plagiarism claim, seeking 30 million won ($21,600) in compensation.

His lawsuit centered on the claim that Pinkfong’s song was “substantially similar” to his and sought “compensation for damage caused by copyright infringement,” according to a press release from the court.

Wright told Canada’s Public Broadcaster CBC in 2019 that Pinkfong’s version “seems strikingly similar” to his, highlighting shared elements such as key, tempo change, melody, and rhythm.

The court’s focus was on whether Wright’s work could be considered a “secondary work” of the original children’s song, and whether Pinkfong had based their version on Wright’s work. Ultimately, the Supreme Court ruled that Wright did not make edits or changes to a level that would grant him copyright as a secondary work.

Even if Wright’s version were considered a secondary work of the folk song, the court found no substantial similarities between Pinkfong’s song and his version. Over the years, Pinkfong’s “Baby Shark Dance” video has accumulated over 16 billion views on YouTube, contributing significantly to the company’s profits through various Baby Shark-themed products such as TV shows, movies, and smartphone apps featuring characters like Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark.