South Korea’s top court ruled on Thursday that the globally popular South Korean children’s song Baby Shark was not plagiarised, rejecting a copyright claim filed by a US-based composer.
With its catchy lyrics, the Baby Shark Dance video is the most viewed on YouTube, with more than 16bn views, roughly double those of the runner-up, Despacito, and third-place Wheels on the Bus.
In 2019, New York composer Johnny Only, whose legal name is Jonathan Wright, filed a lawsuit in Seoul, alleging that the 2015 hit by South Korean education startup SmartStudy copied a song he had released in 2011.
Only demanded 30m won ($21,700) in compensation, accusing the firm of copying elements of his work, including its bass-line and rhythm.
SmartStudy, now known as The Pinkfong Company, argued that its version was an adaptation of a classic North American children’s tune that is not protected by copyright.
A South Korean lower court initially cleared the company of the charges at a trial in 2021, finding that there was insufficient evidence of copyright infringement. That ruling was upheld by an appeal court in 2023.
Only then challenged the 2023 decision, but South Korea’s supreme court affirmed the lower court rulings on Thursday.
“All appeals were dismissed and the lower court’s rulings were upheld,” according to court documents seen by AFP.
The Pinkfong Company said in a statement on Thursday that the supreme court’s decision confirmed Baby Shark was “based on a traditional singalong chant that has entered the public domain”. The company said it had given “a fresh twist to the chant by adding an upbeat rhythm and catchy melody, turning it into the pop culture icon it is today”.
Only did not immediately reply to an AFP request for comment.
He told Canadian public broadcaster CBC in 2019 that he had created a toddler-friendly version of Baby Shark in 2011, revising the original song, which was about a gory shark attack.
“I was the first one that did that [rewriting the song], you know? And basically Pinkfong’s version does the same thing,” he said in the interview.