Think ‘The Big Bang Theory’ Created ‘Soft Kitty?’ It Didn’t—And There’s A Lawsuit In The Works

“Soft Kitty,” a pleasant children’s lullaby, is almost synonymous with The Big Bang Theory. As fans surely know, it’s what Sheldon likes to hear when he’s sick, tasking neighbor Penny and his visiting mother to sing it to him to make him feel better. In one memorable episode, Penny turns the tables on Sheldon by having him sing to her, after she injures herself by slipping in the bathtub.

“Soft Kitty” is such a big part of Big Bang Theory lore that CBS sells a line of merchandise dedicated to the tune in its online store. There are mugs, hoodies, string lights, watches and t-shirts. In 2010, CBS ran a contest encouraging Big Bang Theory fans to upload videos of themselves singing the song. The winner was set to receive a trip to Los Angeles to witness a Big Bang Theory taping.

But, if you assumed that the song was the brainchild of the Big Bang Theory writers, you’d be mistaken. The song is actually an old children’s tune, called “Warm Kitty,” and its lyrics are only slightly different from the television version. While “Soft Kitty” starts with the phrase, “Soft kitty, warm kitty,” the old song begins, “Warm kitty, soft kitty.”

The children of the woman who wrote the lyrics, Edith Newlin, say they were never compensated for the show’s use of the work. According to a TMZ report, Warner Bros., which owns The Big Bang Theory, did have an agreement with a music company to use the song. Newlin and her heirs, however, were left out of the deal.

TMZ reported that Newlin published the poem, “Warm Kitty” in 1937, 70 years before The Big Bang Theory decided to use it for the first time in a Season 1 episode. The lyrics, credited to Newlin and set to an “English Folk-Tune,” appeared in an Australian song book written by Laura Pendleton MacCarteney, “Songs for the Nursery School.” The book’s contents are available for free online at the National Library of Australia website.

There is no indication that the writers or producers deliberately tried to conceal the song’s origins. In addition to striking a deal with the music company—unnamed in the TMZ report—the press release for the 2010 contest revealed producer Bill Prady first heard “Soft Kitty”—or “Warm Kitty,” most likely—at his daughter’s preschool.

The legal issues around the licensing and use of music in television programs is complicated. The American Society of Composers, Authors and Publishers has a lengthy FAQ on its website regarding licensing and includes detailed information on the meaning of select licensing terms.

MacCarteney’s book includes a recommended exercise for preschoolers to accompany “Warm Kitty.” It sounds like something Sheldon Cooper might enjoy, especially when he’s sick.

“Children curl up on floor, sitting on knees and with head tucked under by knees. Be sure the backs are soft and round. The teacher may roll them over or they may roll themselves over. Excellent relaxing exercise.”

This is not the first time in 2015 that The Big Bang Theory, now in its ninth season, has faced a lawsuit. Earlier this year, a former second assistant director on the show, Christopher Klausen, sued for age discrimination, as the Inquisitr reported.

Edith Newlin’s daughters, Margaret and Ellen, are asking for monetary compensation and for The Big Bang Theory to stop using the song “Soft Kitty.”

The Big Bang Theory airs Thursday nights on CBS.

[Photo by Beth Gwinn/Getty Images Entertainment]