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South Korea’s Supreme Court Rejects Final Appeal in Baby Shark Copyright Dispute

The ruling confirms that minimal tweaks to a public domain folk melody cannot earn copyright protection under South Korean law.

Overview

  • The Supreme Court dismissed U.S. composer Jonathan Wright’s last appeal, ending a six-year lawsuit over Pinkfong’s 2015 Baby Shark hit.
  • Justices upheld earlier decisions that Wright’s 2011 version did not demonstrate enough original creative expression to qualify for copyright.
  • The court found no substantial similarity between Wright’s arrangement and Pinkfong’s song, noting divergent musical measures and added vocals and instrumentation.
  • Expert testimony from the Korea Copyright Commission was pivotal in determining that neither rendition introduced new accompaniment beyond the traditional children’s melody.
  • Pinkfong said the verdict affirms its rendition as an independent adaptation of a public-domain chant that evolved into a global phenomenon.