Anyone who watches CBS’ The Big Bang Theory knows that characters often sing “Soft kitty, warm kitty” to Jim Parson’s Sheldon character. The heirs of a New Hampshire poet say that the innocent phrase was actually lifted from a poem written 78 years ago and are suing the show.
The daughters of Edith Newlin claim that Warner Bros. Television contacted them in 2007 about using words from a 1937 poem called “Warm Kitty.” TMZ posted a screenshot of sheet music that uses Newlin’s words.
Margaret Newlin told TMZ that WBTV did make a deal with a music publishing company to use the lyrics. However, they never made a deal with her and her sister, who own their mother’s poems. The publishing company, Willis Music, is also required to contact them if they plan on using the lyrics.
According to the The Associated Press, the sisters said that the show has also never credited their mother, who died in 2004.
"The Soft Kitty Lyrics are among the best-known and most popular aspects of The Big Bang Theory," the lawsuit reads. "They have become a signature and emblematic feature of the show and a central part of the show's promotion."
“Soft Kitty” has been used in eight episodes of the show since its first appearance in a March 2008 show. Newlin’s daughters also pointed out that the Big Bang producers have led fans in a “Soft Kitty” chant at Comic-Con appearances.
While CBS and WBTV have not commented, Deadline reports that Willis Music owner Kevin Cranley said his company bought the song when they published a book called Songs for the Nursery School in 1937. Willis then gave WBTV the right to use the song. Deadline notes that the main issue in the case could be whether or not Willis owns the rights to songs in the book that it published. If Willis did obtain the rights to all the songs in that book, then the Newlin sisters would likely lose the case.
The Newlin sisters want WBTV to stop using “Soft Kitty,” which has also been used on Big Bang merchandising.
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