A South Korean court has upheld Pinkfong's copyright on the viral children's song 'Baby Shark,' dismissing plagiarism claims by American composer Johnny Only after a six-year legal battle.

The court ruled that Pinkfong's 2015 version was sufficiently distinct from the traditional folk melody and that Wright's 2011 version was not substantially different from the original, which is in the public domain.

Legal standards require more than minor changes for a new work to be protected; the court found that elements like the bassline and rhythm copied from Wright's version were insufficient for infringement.

The case highlighted the complex issues of copyright and originality in folk and viral songs, especially when they are part of public domain or folk traditions for decades.

The court emphasized that widespread oral tradition and familiarity with the song outweigh individual claims to exclusive ownership, affirming that some songs are part of humanity's collective memory.

The lawsuit involved a damages claim of over $33,000, but ultimately, the court's ruling focused on the lack of sufficient evidence of infringement.

Expert testimony indicated that Pinkfong's version did not contain new accompaniment beyond traditional elements, and differences cited by the plaintiff were deemed insufficient.

Pinkfong's version has been translated into over 100 languages, performed by major artists, and inspired the #BabySharkChallenge, which produced over 700,000 cover videos worldwide.

The original 'Baby Shark' likely originated in the US in the 1970s, with various versions before Pinkfong's viral adaptation, including European versions from 2007.

Johnny Only initially claimed to have rewritten the song to make it suitable for children, removing gory details, but the court found that the traditional elements and widespread oral tradition diminish exclusive claims.

The case was settled with each side handling licensing independently, and Johnny Only did not comment immediately after the Supreme Court's ruling.

The South Korean Supreme Court upheld the rulings on August 14, 2025, dismissing all appeals, and reaffirmed that the song is part of the public domain and collective memory.