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Lawsuit says ‘The Big Bang Theory’ stole ‘Soft Kitty’ song from late poet

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A little kitty has caused what could be a big lawsuit.

The heirs of New Hampshire poet and teacher Edith Newlin are suing CBS over “Warm Kitty,” a lullaby written by Newlin that frequently appears in the sitcom “The Big Bang Theory,” the Associated Press reports.

Newlin’s heirs say the show’s producers have not credited the teacher as the author of the poem, and have been using it without permission.

The version of the lullaby sung on “The Big Bang Theory,” called “Soft Kitty,” changes the order of some of the lyrics. A picture of the sheet music for the original lullaby, posted on TMZ, shows the song as beginning “Warm kitty, soft kitty”; the version performed several times on the show reverses that order.

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“Soft Kitty” has become a favorite of “Big Bang Theory” fans. Characters on the show often sing it to the character Sheldon Cooper, a neurotic physicist, when he’s ill or upset.

The CBS store sells several items that reference the song, including t-shirts, hoodies and coffee mugs.

The lawsuit says the song has become an integral part of the sitcom, Associated Press reports. “The Soft Kitty Lyrics are among the best-known and most popular aspects of ‘The Big Bang Theory,’” it reads. “They have become a signature and emblematic feature of the show and a central part of the show’s promotion.”

Newlin’s poem appeared in a book published in the 1930s called “Songs for the Nursery School.” That book was later bought by music publisher Willis Music, who authorized the use of the song on “The Big Bang Theory.”

Deadline quotes Kevin Cranley, the owner of Willis Music, as saying his company had the authority to license the song to the sitcom. “Warner Brothers and I worked together to secure the rights for the show ‘The Big Bang Theory’ and they have been using the song ever since,” Cranley wrote on Willis Music’s website.

The lawsuit, filed by Newlin’s daughters Ellen Newlin Chase and Margaret Chase Perry, does not specify the damages the heirs are seeking. Newlin died in 2004.

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