ADVERTISEMENT South Korea’s Supreme Court ruled today that the globally popular children’s song ‘Baby Shark’ was not plagiarised, ending a six-year legal battle over an American composer’s copyright claim.
US composer Jonathan Wright accused South Korean kids content company Pinkfong of copying elements from his own earlier version of the tune. He filed a lawsuit in Seoul in 2019 and sought 30 million won (approx. €18,500) in compensation.
Wright, also known as Johnny Only, released his version in 2011, four years before Pinkfong’s, but both were based on a traditional melody popular for years at children’s summer camps in the United States.
South Korea’s top court upheld lower court rulings dating back to 2021 and 2023 that found no sufficient grounds to conclude Pinkfong infringed on Jonathan Wright’s copyright.
Throughout the case’s prolonged run, the courts consistently ruled Wright’s version did not differ enough from the original melody to qualify as an original creative work eligible for copyright protection, and that Pinkfong’s song had clear differences from Wright’s.
The Supreme Court said its ruling reaffirms the established legal principle on existing folk tunes as derivative work.
“The Supreme Court accepts the lower court’s finding that the plaintiff’s song did not involve substantial modifications to the folk tune related to the case to the extent that it could be regarded, by common social standards, as a separate work,” it said in a statement.
Pinkfong said in a statement to that the ruling confirmed its version of ‘Baby Shark’ was based on a “traditional singalong chant” that was in the public domain.
The company said it gave the tune a fresh twist by adding “an upbeat rhythm and catchy melody, turning it into the pop culture icon it is today.”
Chong Kyong-sok, Wright’s South Korean attorney, said he hadn’t received the full version of the court’s ruling yet, but called the outcome “a little disappointing.”
“Anyway, the matter is now settled,” he said. “It’s our work that came out first, so we can handle the licensing on our side and I guess we then each go our separate ways.”
Pinkfong’s ‘Baby Shark’ became a global phenomenon after it was released on YouTube in 2015.
A year later, the company uploaded a second video which showed two child actors doing hand movements on the song’s catchy “doo doo doo doo doo doo” hook.
‘Baby Shark Dance’ became the most-viewed YouTube video of all time, now exceeding 16 billion views. The song was also featured in various cultural products, including in The Angry Birds Movie 2 and in TV series The Umbrella Academy.
‘Baby Shark’ remains a crucial product for Pinkfong, which earned 45.1 billion won ($32.6 million) in revenue in the first half of 2025, according to its regulatory filing.
The company has turned the five-member shark family – Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark – into TV and Netflix shows, films, smartphone apps and globally touring musicals.
