Lawsuit claims 'Big Bang' stole 'Soft Kitty' song

Maria Puente | USA TODAY

Show Caption Hide Caption 'Big Bang Theory' sued over 'Soft Kitty' song A lawsuit filed against the producers of 'The Big Bang Theory' by the heirs of Edith Newlin claims one of the highest-rated shows on television used lyrics written by Newlin in the 1930s without buying the rights.

Bad news for Dr. Sheldon Cooper, who doesn't do well with uncertainty on CBS's hyper-hit The Big Bang Theory: No more Soft Kitty lullabies.

Well, possibly.

Turns out the saccharine song that Sheldon (played by Emmy-winning Jim Parsons) needs to calm down or sleep whenever he's anxious (which is practically all the time) may not have been entirely the invention of Big Bang's clever writers.

The heirs of Edith Newlin, a New Hampshire teacher who published a song/poem about a "soft kitty" in 1937, sued CBS and other Big Bang-related media companies, claiming that the show has been violating their copyrights. For years.

According to the Associated Press, Edith Newlin's daughters, Ellen Newlin Chase and Margaret Chase Perry, assert that the show's song uses lyrics similar to those written by Newlin in the 1930s without paying for the rights.

TMZ posted a picture of the original Newlin lyrics page. In the show, the song's opening line is, "Soft kitty, warm kitty, little ball of fur..." In Newlin's version, the song is called Warm Kitty and starts, "Warm kitty, soft kitty, little ball of fur."

The claws come out--poet's heirs are suing "Big Bang Theory" producers over "soft kitty" lyrics / https://t.co/woV6CtbiAU — Christine Corcos (@LpcProf) December 28, 2015

Newlin has not been credited, the lawsuit says, leaving viewers with the possible impression that the lyrics were written by someone at the show.

"The Soft Kitty lyrics are among the best-known and most popular aspects of The Big Bang Theory," the lawsuit says. "They have become a signature and emblematic feature of the show and a central part of the show's promotion."

The daughters' lawsuit, seeking unspecified damages from the show's producers and distributors, says the lyrics have been used in their entirety on at least eight episodes of the show since March 2008.

They've also been used in show merchandise, including on clothing, mouse pads, mobile phone covers, wallets, air fresheners, refrigerator magnets, singing plush toys and other products, the lawsuit says.

At three or more Comic-Con conventions since 2010, producers and actors from the sitcom led large audiences in singing the lyrics, the lawsuit says.

Messages seeking comment from CBS were not immediately returned Monday.

Robert Pietranton, a spokesman for Warner Bros. Entertainment, which produces the show, said Tuesday the company would have no comment.

The words "soft kitty, warm kitty" are now at the center of a copyright lawsuit. https://t.co/HxfJA174I8 — Friedman Iverson (@MNCreativeLaw) December 28, 2015

Edith Newlin, who died in 2004 at age 99, had worked as a nursery school teacher in Alstead, N.H., for about 35 years, and her daughters still live nearby.

Apparently, the daughters, who are in their 70s, have not been watching Big Bang (unlike the rest of the universe), which is one of the highest rated comedies on TV, with actors who are the highest-paid actors on TV. The show is the middle of Season 9.

According to the lawsuit, Ellen Newlin Chase learned of the show's use of the lyrics in August 2014, when she was researching her mother's history for an article she was writing and came across a blog post discussing the use of the lyrics on the show.

The lawsuit says Warner Bros. Entertainment and the show's other producers decided in 2007 that they wanted to use the lyrics and sought permission from Willis Music Co., a Florence, Kentucky-based company that had published them in a book, Songs for the Nursery School.

The lawsuit says Willis Music authorized use of the lyrics without consulting or getting permission from Newlin's heirs even though the book makes clear on its acknowledgement page and where the lyrics appear that Newlin was the author of and owned the copyright to the lyrics.

Messages for comment left with Willis Music were not immediately returned, the AP said.

Contributing: The Associated Press