'The Big Bang Theory' song stealing lawsuit dropped

Fans of “The Big Bang Theory” will know that there is one song that always comes to mind when they think of the show. It’s not the Barenaked Ladies theme tune, but Sheldon’s personal favorite “Soft Kitty.” However, the show and Warner Bros. were almost sued for copyright infringement. The case went to court, but a judge has now dismissed the claims and dropped it entirely.

Who wrote ‘Soft Kitty’?

At no point has “The Big Bang Theory” claimed to have written the song. Found in a book by Willis Music Co. called “Songs for the Nursery School,” the poem has been credited to Mrs.

Edith Newlin. The poet died in 2004 at the age of 99, but wrote the song back in the 1930s and agreed to allow Willis Music Co. to publish it a few years later. It was actually called "Warm Kitty."

However, CBS didn’t just instantly jump into using the song. They got in touch with Willis Music to ask for permission to use the words. The company said yes and the song has been used in at least eight episodes since March 2008. It is one of the most popular elements of the show, as it is Sheldon’s song for when he is sick or upset.

What was the problem for ‘The Big Bang Theory’ and CBS?

According to Newlin’s children, Willis Music never consulted with the estate about the use of the words. Her children, Ellen Newlin Chase and Margaret Chase Perry, say that the words were used without their permission and CBS should have bought the rights to them.

They decided to sue the show for damages.

They brought the claim in in December 2015 and it was thrown out of court on Tuesday, March 28, 2017. Judge Naomi Reice Buchwald stated that the two women failed to prove that they held the copyright of the words. They also failed to prove why they should receive the damages.

The judge also stated that while Willis Music Co.

renewed their registration for the “Songs for the Nursery School” in the 1960s, the copyright for the song was not renewed. “The Big Bang Theory” will be allowed to continue using the song and will not need to pay anything to the plaintiffs.