A copyright case over a tune used on TV sitcom The Big Bang Theory has been thrown out by a judge.
Ellen Newlin Chase and Margaret Chase Perry sued the show’s bosses, claiming the Soft Kitty lullaby the characters sing was written by their mother, a New Hampshire school teacher, in the 1930s.
The sisters claimed the lyrics from their mum’s poem had been used on at least eight episodes of The Big Bang Theory, as well as in merchandising such as T-shirts to fridge magnets.
Warner Bros. Entertainment bosses confirmed the lullaby comes from Ellen Newlin’s book Songs for the Nursery School but insisted they were given permission to revamp the poem by publishers at the Willis Music Co. in Kentucky.
According to a judge’s ruling, the publishers gave producers permission to use the lyrics without consulting Mrs Newlin’s heirs.
A Southern District of New York judge granted a motion to dismiss the lawsuit against Warner Bros. and Chuck Lorre Productions on Tuesday (28Mar17), stating Newlin’s daughters failed to “establish that they own a valid copyright as necessary to state a copyright infringement claim”.
On the show, the mother of Jim Parson’s neurotic character Sheldon Cooper sang Soft Kitty to him when he was sick. His friends on the show use the song to comfort Sheldon when he is feeling insecure.
