THE top court here has ruled 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 16 billion 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 Baby Shark by South Korean education start-up SmartStudy copied a song he had released in 2011.
Only demanded 30 million won in compensation, accusing the firm of copying elements of his work, including its bassline 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 yesterday.
“All appeals were dismissed and the lower court’s rulings were upheld,” according to court documents seen by AFP.
The Pinkfong 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”. — AFP
