In 2019, New York composer Johnny Only brought a prosecution in Seoul, invoking that through the song “Baby Shark” (2015), the South Korean educational startup Smartstudy had copied one of his titles released in 2011.
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He asked for compensation of 30 million won (around 18,500 euros), accusing Smartstudy of having copied elements of his work, in particular his bass line and his rhythm.
Smartstudy, now known as The Pinkfong Company, has retorted that its version was an adaptation of a traditional children’s song from North America not protected by copyright.
A court of first instance had acquitted The Pinkfong Company in 2021. The decision had been confirmed by a court of appeal in 2023, which Johnny Only had challenged.
“All calls have been rejected and the decisions of the court of first instance have been confirmed,” indicate the court documents consulted by AFP.
Contacted by AFP, Johnny Only and The Pinkfong Company did not immediately follow up.
During an interview with Canadian public television CBC in 2019, Johnny Only said he had created a version of “Baby Shark” adapted to toddlers in 2011, from a song brought to a bloody shark attack. “I was the first to do that (rewrite the song), you know? And basically, Pinkfong’s version does the same thing,” he said.
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