South Korean court rules on ownership of rights to old children's song

Arab Sea Newspaper - Special

Arab Sea - Agencies: South Korea's Supreme Court ruled on Thursday that the popular children's song "Baby Shark" is not plagiarized, upholding a lower court's decision that dismissed a lawsuit filed by an American composer. The "Baby Shark Dance" video is the most-watched on YouTube, with over 16 billion views, about twice as many as "Despacito" or the children's song "Wheels on the Bus." Composer Johnny Only, based in New York, filed a lawsuit in Seoul in 2019, claiming that the South Korean educational startup SmartStudy copied one of his songs released in 2011 with the song "Baby Shark" (2015). He demanded compensation of 30 million won (about $21,500), accusing SmartStudy of copying elements of his work, including the rhythm sound. SmartStudy, now known as Pinkfong Company, responded that its version was adapted from a traditional North American children's song and is not protected by copyright. A lower court acquitted Pinkfong in 2021, and an appeals court upheld the decision in 2023, which Johnny Only appealed. Court documents seen by Agence France-Presse stated that "all appeals were rejected and the decisions of the lower court were upheld." In an interview with Canada's CBC channel in 2019, Only confirmed that he created a version of "Baby Shark" suitable for young children in 2011, inspired by a song about a shark attack. He said at the time, "I was the first to rewrite the song, you know? And Pinkfong's version is exactly like it."