MV “Baby Shark” escapes plagiarism accusations after more than 6 years of litigation

(GLO)-On August 14, the Supreme Court of Korea announced the closure of the copyright lawsuit related to the song Baby Shark, rejecting the complaint of American musician Jonathan Wright (stage name Johnny Only).

The lawsuit began in March 2019, when Jonathan Wright filed a lawsuit in Seoul, claiming that his 2011 version of “Baby Shark” based on a North American folk tune was copied without permission by Pinkfong Entertainment. He claimed his version was original because it added creative elements such as electric guitars and synthesizers.

Pinkfong denied the allegations, asserting that Baby Shark was an independent derivative of the same folk melody. In 2021 (first instance) and 2023 (appeal), the court dismissed the lawsuit, stating that both versions were adaptations of oral songs, not exclusively owned by any individual or organization.

Baby Shark is a global musical phenomenon.

The Supreme Court held that derivative works are only protected if they contain sufficient creative elements to be considered original. The changes Jonathan Wright made were considered minimal and did not create a new work.

Released in 2015, the Baby Shark MV has reached more than 16 billion views on YouTube, becoming a global phenomenon and a children's entertainment brand present in more than 200 countries.

The “Baby Shark” brand has expanded beyond YouTube to include other franchised products, such as clothing and accessories. Many variations have been developed, from cute children’s versions to vibrant remixes or a “predatory” version inspired by the movie Jaws (1975).

The song “Baby Shark” is said to have a long history, dating back to at least the 1970s at American summer camps. It is a folk song, often used as a warm-up song with hand gestures simulating the size of a shark’s mouth. Over the generations, the melody has been varied, passed down orally, and is not proprietary.

With the latest ruling, Pinkfong not only protects its billion-dollar brand but also continues to exploit the "gold mine" from the most successful children's music phenomenon of all time.

Pinkfong representatives expressed their joy with the court's decision, sharing that the company had breathed new life into the song, turning it into a pop culture icon.

Source: https://baogialai.com.vn/mv-baby-shark-thoat-cao-buoc-dao-nhac-sau-hon-6-nam-kien-tung-post563743.html