Seoul
–
The copyright battle over the viral song “Baby Shark,” worshiped by young children and often feared by parents, ended in a courtroom that cleans up the Korean creator of the most popular version of the plagiarism.
The Internet fell in love with the “Baby Shark” version of Pinkphone, featuring the unforgettable “Doodoodoo” line. The rendition has produced spin-off television shows, movies and smartphone apps, bringing the company to millions. However, in 2019, the American Children’s songwriter claimed that Pink Phong had copied his work.
Jonathan Wright, known only as Johnny, took his claim to the Supreme Court in South Korea, accusing Pink Phong of plagiarizing an earlier version of “Baby Shark.”
However, the court ruled Thursday that Wright’s version cannot be considered his “creative work.” Because he has an earlier version of the baby shark that already exists and he has not added much new creativity.
“The plaintiff’s song is difficult to protect as a secondary copyright work, as it did not reach a substantial change in extension that could be considered as another work by social norms,” the ruling reaffirms previous findings of the lower court.
When Pink Phone’s direction accumulates billions of perspectives on YouTube becoming a national anthem for toddlers everywhere, most of the world may have heard “Baby Shark” first, but the catchy song is The folk songs were sung for at least 15 years.
Wright uploaded his version. This included Doo Doo Doo Doo Part on my YouTube channel in 2011. He and his children are bounced beats with simple hand movements similar to the mouth of a shark.
In 2015 and 2016, Pink Phong uploaded the version in Korean with the shark singing the cartoon, and later released it in English with the kids performing choreographed dances.
However, there are many versions of “Baby Shark” before Wright’s video, including the German version called “Kleiner Hai,” which spread to a lesser extent in Europe in 2010.
Seeing Pink Phong’s rendition attracted global attention and caused social media moments like #BabySharkChallenge, and the song hit number 32 on the Billboard Hot 100 chart, Wright compensated for the plagiarism and sought 30 million won ($21,600).
His lawsuit is based on the allegations that Pinkphone’s song is “substantially similar” to him, and sought “compensation for damages caused by copyright infringement,” a press release from the court said.
Wright told Canadian public broadcaster CBC in 2019 that Pink Phone’s version “seems to be astoundingly similar,” pointing out that the two songs have “same keys, same tempo changes, same melody and rhythm.”
The court focused on whether his version could be considered a “secondary work” of the original children’s song, and whether Pinkphone made a version based on his work.
The Supreme Court ruled that Wright could “edit or change the level” and grant copyright as a secondary work.
Even assuming that his version is a secondary work of folk songs, the court said there was “no substantial similarity” between the Pinkphone song and his version.
Pinkfong’s “Baby Shark Dance” video has recorded over 16 billion views on YouTube over the years. The company has created millions of baby shark-themed products, including television shows, movies, and smartphone apps featuring baby sharks, mom sharks, dad sharks, grandma sharks and grandpa sharks.
