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South Korea's top court rejects viral children's song 'Baby Shark' copyright claim

DW
Thursday, 14 August 2025 (16:25 IST)
South Korea's Supreme Court has dismissed a 30 million won (about $21,600 or €18,454) copyright claim over the viral children's song "Baby Shark."
 
US composer, Jonathan Wright, claimed the 2015 hit "Baby Shark" by South Korean education startup SmartStudy, now known as The Pinkfong Company, copied a song he released in 2011.
 
But the court ruled Thursday Wright's rendition wasn't original enough to qualify for protection, upholding earlier decisions.
 
Pinkfong's "Baby Shark" exploded globally after its 2015 release and now has more than 16 billion views on YouTube.
 
Wright, known as Johnny Only, recorded his version in 2011, four years before Pinkfong's version.
 
'Baby shark' based on traditional melody popular at US summer camps 
 
Both songs are based on a traditional melody that has been popular at children's summer camps in the United States for many years.
 
South Korean courts cleared Pinkfong of copyright infringement in 2021 and reaffirmed the decision in 2023. The Supreme Court upheld both rulings.
 
"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 the court's ruling confirmed "Baby Shark" was "based on a traditional singalong chant that has entered the public domain."

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