The Soft Kitty Conundrum

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Anyone familiar with the “Big Bang Theory”  has heard Sheldon’s whine “Sing Soft Kitty for me”.

It’s the lullaby that provides comfort when sickness strikes the sitcom.

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The little song may give Sheldon comfort but it is turning into a headache for Warner Bros.

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The song was written in the 1930’s  by Edith Newlin who passed away in 2004. A recent lawsuit by the daughters of the author/composer claims copy-write infringement. The suit maintains that Warner Bros. sought permission in 2007 from Willis Music Co., a company that previously published the lyrics in a book titled “Songs for the Nursery School.” According to Newlin’s daughters, Willis Music Co. authorized the use of lyrics without consultation or permission.

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What I find most interesting is that these heirs didn’t know anything about the song’s use until they ran across a blog entry about the show  while researching their mother’s life.

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How long does a copy-write last  before it becomes public domain anyway??Until 1977 I think these time frames applied:

  • All works published in the U.S. before 1923
  • All works published with a copyright notice from 1923 through 1963 without copyright renewal
  • All works published without a copyright notice from 1923 through 1977
  • All works published without a copyright notice from 1978 through March 1, 1989, and without subsequent registration within 5 years

A whole new set of expiration dates were set by congress in 1977 so who knows if they have a case or not. Can even the collective big brains of the geniuses on BBT figure it out? I’m sure lots of high priced lawyers are racking up the billable hours on this right now.

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In the meantime, I love my Soft Kitty T-shirt. And so do all the folks that stop me on the street to tell me they like it too!

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