A copyright battle over the viral song “Baby Shark,” adored by young children and often dreaded1 by their parents, has come to an end with a court clearing the Korean creators of the most popular version of plagiarism2.
The internet fell in love with Pinkfong’s version of “Baby Shark,” featuring the unforgettable “doo doo doo doo doo doo” line. The rendition spawned3 spinoff TV shows, movies and smart phone apps, making the company millions. But in 2019 an American children’s songwriter claimed Pinkfong had copied his work.
Jonathan Wright, known as Johnny Only, took his claim all the way to South Korea’s Supreme4 Court, accusing Pinkfong of plagiarizing5 his earlier version of “Baby Shark.”
But the court ruled Thursday that Wright’s version cannot be considered “a creative work” of his, as there were already prior6 versions of Baby Shark in existence and he did not significantly add new creativity.
“The plaintiff’s song is difficult to be protected as a secondary copyrighted work because it did not reach a substantial alteration7 to the extend where it could be considered as a separate work, by social norms, from the oral song mentioned in this case,” said the ruling, reaffirming an earlier finding of a lower court.
While most of the world might have first heard “Baby Shark” when Pinkfong’s rendition went viral amassing8 billions of views on YouTube becoming an anthem9 for toddlers everywhere, the catchy10 tune had been a folk song sung around for at least 15 years.
Wright uploaded his version, which also includes the doo doo doo doo doo doo part, to his YouTube channel in 2011. It features him and children doing a simple hand motion, resembling shark’s mouth, to a bouncy beat.
1
dreaded [ˈdredɪd]
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adj.令人畏惧的;害怕的v.害怕,恐惧,担心( dread的过去式和过去分词) | |
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2
plagiarism [ˈpleɪdʒərɪzəm]
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n.剽窃,抄袭 | |
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3
spawned [s'pɔ:nd]
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(鱼、蛙等)大量产(卵)( spawn的过去式和过去分词 ); 大量生产 | |
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4
supreme [su:ˈpri:m]
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adj.极度的,最重要的;至高的,最高的 | |
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5
plagiarizing [ˈpleɪdʒəˌraɪzɪŋ]
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v.剽窃,抄袭( plagiarize的现在分词 ) | |
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6
prior [ˈpraɪə(r)]
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adj.更重要的,较早的,在先的;adv.居先;n.小修道院院长;大修道院副院长 | |
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7
alteration [ˌɔ:ltəˈreɪʃn]
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n.变更,改变;蚀变 | |
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8
amassing [ə'mæsɪŋ]
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v.积累,积聚( amass的现在分词 ) | |
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