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Top court tosses 'Baby Shark' lawsuit filed by U.S. composer

Published: 14 Aug. 2025, 14:10 Updated: 14 Aug. 2025, 20:01

“Baby Shark" characters [SMARTSTUDY]

The Pinkfong Company, the creator of the viral children’s song “Baby Shark,” has won a yearslong copyright lawsuit filed by a U.S. composer.

The Supreme Court on Thursday upheld a lower court ruling that dismissed the damage claim brought by Johnny Only, legal name Jonathan Robert Wright, who claimed that his version was a derivative of a folk song and therefore qualified for copyright protection. The ruling concludes a legal battle that spanned six years and five months.

The court reaffirmed a longstanding legal principle, stating, “When creating a new song based on an existing folk tune, the work can only be protected as a derivative work if it includes modifications or additions that, by social standards, amount to a new and original creation.”

The court added that “if the changes are minimal and the result cannot be considered an original work, copyright protection under the Copyright Act does not apply.”

“Baby Shark” was produced by the content company Pinkfong, then SmartStudy, in 2015. With its addictive tune and choreography, beginning with the phrase “Baby shark, doo doo doo doo doo doo,” the song became a global phenomenon online.

A promotinal image to celebrate the 10th anniversary of the debut of Pinkfong Company's “Baby Shark” [PINKFONG COMPANY]

It entered the U.S. Billboard Hot 100 chart in 2019 and surpassed 200 million streams on Britain’s Official Charts by 2022. In 2023, the song exceeded 1 billion cumulative streams on Spotify.

Only filed a damages lawsuit in a Korean court in March 2019, claiming that “Baby Shark” had copied a song he released in 2011 under the same title. He argued that he had added a distinctive rhythm to a North American folk tune.

Pinkfong countered that it had independently arranged a traditional children’s song to create “Baby Shark,” and that Only’s work was unrelated. Because folk songs do not have exclusive copyright ownership, they argued, copyright infringement could not be established.

“Baby Shark" characters [PINKFONG COMPANY]

“The plaintiff’s song does not sufficiently demonstrate added creative elements beyond the folk tune,” said the lower court, siding with Pinkfong. “Even if it did, there is insufficient evidence to conclude that the defendant infringed upon the plaintiff’s copyright.”

The court ruled in favor of Pinkfong. It concluded that Johnny Only’s song did not demonstrate enough creativity to qualify as a derivative work of the original folk tune.

The court accepted expert testimony from the Korea Copyright Commission submitted during trial, which stated that “Baby Shark” did not contain any new accompaniment not already present in the traditional song. It found that Only’s use of electric guitar and synthesizer pad tones amounted to nothing more than instrumental additions.

Video game Baby Shark: Sing & Swim Party [THE PINKFONG COMPANY]

Even if Only’s version was considered a derivative work, the court found that it bore no substantial similarity to Pinkfong’s “Baby Shark.” The court cited expert findings noting that Pinkfong’s version differed significantly, particularly from the fifth measure onward, where a female lead vocal and chorus are added alongside hi-hats and electric guitar.

The ensuing appeal court concurred with the lower court’s ruling. It held that Only’s song did not add sufficient creative elements to the traditional tune and thus was not eligible for copyright protection as a derivative work.

The court acknowledged the possibility that Pinkfong may have been exposed to Only’s version when creating its own. However, “the plaintiff’s song was not the first to add accompaniment to this traditional tune, and the idea of adding instrumentation to a children’s song is so commonplace that it cannot, in itself, justify a copyright claim,” according to the appeals court.

The Supreme Court dismissed Only’s final appeal, affirming the lower courts' decisions.

“Our version of ‘Baby Shark’ added creativity by adapting, translating and rewriting the lyrics of a traditional song to suit young children,” Pinkfong said in a statement following the ruling. “The Supreme Court’s decision definitively confirms that our song does not infringe on copyright.”

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY HYEON YE-SEUL, CHOI SEO-IN [[email protected]]