Overview

• The Supreme Court upheld lower-court decisions and rejected Jonathan Wright’s 30 million won damages claim, finding his 2011 arrangement lacked the originality required for copyright.
• The court ruled Wright’s version was an unprotectable derivative of a traditional folk tune long in the public domain.
• Expert testimony established that Pinkfong’s 2015 rendition diverges sharply from Wright’s arrangement, with distinct vocals, hi-hats and electric guitar from the fifth measure onward.
• Pinkfong’s Baby Shark Dance video has accrued over 16 billion YouTube views and spawned a global franchise of television shows, apps and merchandise.
• The decision reinforces legal principles that minor or commonplace tweaks to public-domain material do not qualify for exclusive copyright protection.