The courts ruled that Wright’s version did not differ enough from the original melody to qualify as an original creative work eligible for copyright protection, and that Pinkfong’s song had clear differences from Wright’s.
The Supreme Court said its ruling reaffirms the established legal principle on existing folk tunes as derivative work.
“The Supreme Court accepts the lower court’s finding that the plaintiff’s song did not involve substantial modifications to the folk tune related to the case to the extent that it could be regarded, by common social standards, as a separate work,” it said in a statement.
Wright’s South Korean attorney and Pinkfong didn’t immediately respond to requests for comment.
Pinkfong’s “Baby Shark” became a global phenomenon after it was released on YouTube in 2015, with the original “Baby Shark Dance” video now exceeding 16 billion views and peaking at No. 32 on the Billboard Hot 100.
Baby Shark remains a crucial product for Pinkfong, which earned 45.1 billion won ($32.6 million) in revenue in the first half of 2025, according to its regulatory filing. The company has turned the five-member shark family — Baby Shark, Mama Shark, Papa Shark, Grandma Shark, and Grandpa Shark — into TV and Netflix shows, movies, smartphone apps and globally-touring musicals.