# Soft Kitty
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{{short description|Song popularized in the American sitcom, The Big Bang Theory}}
{{Use mdy dates|date=August 2018}}
"'''Soft Kitty'''" is a [children's song](/source/children's_song), popularized by the characters [Sheldon Cooper](/source/Sheldon_Cooper), [Penny](/source/Penny_(The_Big_Bang_Theory)), [Leonard Hofstadter](/source/Leonard_Hofstadter), [Mary Cooper](/source/List_of_The_Big_Bang_Theory_franchise_characters), and [Amy Farrah Fowler](/source/Amy_Farrah_Fowler) (who sang the song in English, German, and Mandarin) in the 2007-2019 American sitcom ''[The Big Bang Theory](/source/The_Big_Bang_Theory)'', and which elsewhere may be rendered as "'''Warm Kitty.'''"[{{cite news|first=Robert |last=Seidman|url=http://tvbythenumbers.zap2it.com/2010/11/16/cbs-com-launches-soft-kitty-contest-inspired-by-popular-song-from-cbs-hit-the-big-bang-theory/72269/ |archive-url=https://web.archive.org/web/20101119093338/http://tvbythenumbers.zap2it.com/2010/11/16/cbs-com-launches-soft-kitty-contest-inspired-by-popular-song-from-cbs-hit-the-big-bang-theory/72269 |url-status=dead |archive-date=November 19, 2010 |title=CBS.com Launches "Soft Kitty" Contest Inspired by Popular Song From CBS Hit 'The Big Bang Theory' |work=TV by the Numbers |date=November 16, 2010 |access-date=August 4, 2013}}] It is described by Sheldon as a song that his mother (Mary) sang to him when he was ill.
The lyrics on ''The Big Bang Theory'' are: "Soft kitty, warm kitty, little ball of fur/ Happy kitty, sleepy kitty, purr purr purr". A scene in an episode of ''[Young Sheldon](/source/Young_Sheldon)'', the [prequel](/source/prequel) series to ''The Big Bang Theory'', depicts the origin of the song. This aired on February 1, 2018, and shows [Mary](/source/List_of_The_Big_Bang_Theory_franchise_characters) singing the song to her son, who is suffering with the [flu](/source/flu).[{{cite web|last1=McCarthy|first1=Tyler|title='Young Sheldon' reveals the origin story of the 'Soft Kitty' song|url=https://www.foxnews.com/entertainment/young-sheldon-reveals-the-origin-story-of-the-soft-kitty-song/|website=Foxnews.com|date=February 2018 |publisher=Fox News|access-date=February 2, 2018|archive-url=https://web.archive.org/web/20180202032842/http://www.foxnews.com/entertainment/2018/02/01/young-sheldon-reveals-origin-story-soft-kitty-song.html|archive-date=February 2, 2018|url-status=live}}]
A 2015 copyright lawsuit alleged the words to "Warm Kitty" were written by Edith Newlin; however, the lawsuit was dismissed because the court found that the plaintiffs failed to show they had a valid claim.[{{cite magazine | author = Newmeister, Larry | title = Late Teacher's Heirs Sue Producers of 'The Big Bang Theory,' Alleging Copyright Infringement | date = December 28, 2015 | journal = [U.S. News & World Report](/source/U.S._News_%26_World_Report) | edition = online | url = https://www.usnews.com/news/entertainment/articles/2015-12-28/heirs-to-new-hampshire-poet-sue-big-bang-theory-producers | agency = [Associated Press](/source/Associated_Press) | access-date = December 28, 2015 | archive-date = March 3, 2020 | archive-url = https://web.archive.org/web/20200303083654/https://www.usnews.com/news/entertainment/articles/2015-12-28/heirs-to-new-hampshire-poet-sue-big-bang-theory-producers | url-status = live }}][{{cite journal | author = Padnani, Amisha | author-link = Amy Padnani | title = 'Big Bang Theory' Is Accused of Stealing 'Soft Kitty' Lyrics | date = December 29, 2015 | journal = [The New York Times](/source/The_New_York_Times) | edition = online | url = https://www.nytimes.com/2015/12/30/arts/television/big-bang-theory-is-accused-of-stealing-soft-kitty-lyrics.html | access-date = December 29, 2015 | archive-date = April 17, 2021 | archive-url = https://web.archive.org/web/20210417045231/https://www.nytimes.com/2015/12/30/arts/television/big-bang-theory-is-accused-of-stealing-soft-kitty-lyrics.html | url-status = live }}][{{cite book| author=McCartney, Laura Pendleton (Ed.) | title=Songs for the Nursery School | edition=Imperial 662 |url=http://www.nla.gov.au/apps/doview/nla.mus-vn2628642-p | location=Cincinnati, OH, US |publisher=Willis Music Company |page=21| year=1937 | oclc=1024186 | access-date=August 3, 2013}}][{{Cite web |title=Chase v. Warner Bros. Entm't, Inc., 247 F. Supp. 3d 421 {{!}} Casetext Search + Citator |url=https://casetext.com/case/chase-v-warner-bros-entmt-inc |archive-url=https://web.archive.org/web/20241227055355/https://casetext.com/case/chase-v-warner-bros-entmt-inc |url-status=dead |archive-date=December 27, 2024 |access-date=2022-04-08 |website=casetext.com}}]
==Origin==
thumb|"Wlazł kotek na płotek" as it appears in ''Pieśniach ludu polskiego'' (1857)
The song is originally based on a Polish lullaby, "[Wlazł kotek na płotek](/source/%3Apl%3AWlaz%C5%82_kotek_na_p%C5%82otek)" ("The kitten climbed the fence").[{{cite web|title=Young Sheldon Confirms Sheldon's Callous TBBT Soft Kitty Lie To Penny|work=MSN.com|url=https://www.msn.com/en-us/tv/news/young-sheldon-confirms-sheldon-s-callous-tbbt-soft-kitty-lie-to-penny/ar-AA18tHUq|access-date=May 1, 2023}}] The lyrics were noted by folklorist [Oskar Kolberg](/source/Oskar_Kolberg) in 1837, and the tune was first published by [Stanisław Moniuszko](/source/Stanis%C5%82aw_Moniuszko) in 1849, based on a Polish folksong. [Władysław Syrokomla](/source/W%C5%82adys%C5%82aw_Syrokomla) and [Wiktor Każyński](/source/%3Apl%3AWiktor_Ka%C5%BCy%C5%84ski) published a version of this song in 1857, in ''Pieśniach ludu polskiego'' ("Songs of the Polish people").[{{cite web|work=Biblioteka Polskiej Piosenki|url=https://bibliotekapiosenki.pl/utwory/Wlazl_kotek_na_plotek|title=Wlazł kotek na płotek|access-date=May 1, 2023}}]
The 1972 [Tom Glazer](/source/Tom_Glazer) album ''Music For 1's & 2's'' features the song under the title "Nice"
Versions of the song have been released by Australian children's performer [Patsy Biscoe](/source/Patsy_Biscoe),[{{cite web|url=http://www.smh.com.au/entertainment/comedy/the-big-bang-theory-sued-amid-claims-show-wilfully-stole-poem-soft-kitty-20151230-glwl20.html|title=The Big Bang Theory sued amid claims show 'wilfully' stole poem 'Soft Kitty'|last=Bowden|first=Ebony|date=December 30, 2015|work=[The Sydney Morning Herald](/source/The_Sydney_Morning_Herald)|archive-url=https://web.archive.org/web/20151231112607/http://www.smh.com.au/entertainment/comedy/the-big-bang-theory-sued-amid-claims-show-wilfully-stole-poem-soft-kitty-20151230-glwl20.html|archive-date=December 31, 2015|url-status=live|access-date=August 18, 2021}}] and by the long-running [ABC](/source/Australian_Broadcasting_Corporation) children's program ''[Play School](/source/Play_School_(Australian_TV_series))''[{{cite web|url=https://www.yahoo.com/entertainment/big-bang-theory-getting-sued-030924675.html|title=The Big Bang Theory Getting Sued Over Soft Kitty Song|last=Burlingame|first=Ross|date=December 28, 2015|work=[ComicBook.com](/source/ComicBook.com)|archive-url=https://web.archive.org/web/20210818075031/https://www.yahoo.com/entertainment/big-bang-theory-getting-sued-030924675.html|archive-date=August 18, 2021|url-status=live|access-date=August 18, 2021|via=[Yahoo Entertainment](/source/Yahoo_Entertainment)}}]—a recording sung by Philip Quast and Barbara Frawley was released on the show's 1993 album ''The Best of Play School'',[{{cite AV media|title=The Best of Play School|author=[The Australian Broadcasting Corporation](/source/Australian_Broadcasting_Corporation)|date=1993|type=Liner notes|publisher=[ABC Music](/source/ABC_Music), [EMI](/source/EMI_Records)|id=724381434321|location=Australia}} (Note: Track #34)] which predates ''The Big Bang Theory'' and has the lyrics reversed, instead going: "Warm kitty, soft kitty, little ball of fur. Sleepy kitty, happy kitty, purr purr purr."{{citation needed|date=July 2021}} The song remains part of ''Play School''{{'}}s catalog of children's songs regularly performed[''Chase, et al. v. Warner Bros. Entertainment Inc., et al.'', No. [https://archive.org/details/gov.uscourts.nysd.451633 15-10063] ([S.D.N.Y.](/source/United_States_District_Court_for_the_Southern_District_of_New_York) filed December 28, 2015).] claiming that the words and music to the song appeared in the book ''Songs for the Nursery School'' published in 1937 by Willis Music Company,[ based on a poem by Newlin;][ the copyright to the book was renewed in 1964.][{{cite book | url = https://books.google.com/books?id=DzEhAQAAIAAJ&q=%22Songs+for+the+Nursery+School%22&pg=PA829 | title = Catalog of Copyright Entries: Third Series, Volume 18, Part 5, Number 1 | section = Music: January–June 1964 | page = 829 | lccn = 06035347 | publisher = [Copyright Office](/source/United_States_Copyright_Office) — [The Library of Congress](/source/The_Library_of_Congress) | location = Washington | year = 1966 | quote = Songs for the Nursery School; w & m Laura Pendleton MacCarteney, illus. by Peter Perrine. 21 June 1937; EP65337. Laura Pendleton MacCarteney (A); 22 Jun 1964; R339640 | access-date = December 4, 2020 | archive-date = March 1, 2022 | archive-url = https://web.archive.org/web/20220301094157/https://books.google.com/books?id=DzEhAQAAIAAJ&q=%22Songs+for+the+Nursery+School%22&pg=PA829 | url-status = live }}]
The website for Willis Music states:
{{blockquote|In 1937 we published a book called ''Songs for the Nursery School'' and we sold tens of thousands of copies. It is a hardbound book of over 150 songs for children. The book was written by Laura Pendleton MacCarteney. In that book on page 27 is 'Warm Kitty'.... 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.[{{cite web|url=http://willismusic.com/soft-kitty/|title=Soft Kitty - Where does it come from?|work=Willis Music |date=5 May 2015|access-date=January 1, 2016|archive-date=January 1, 2016|archive-url=https://web.archive.org/web/20160101113226/http://willismusic.com/soft-kitty/|url-status=live}}]}}
The suit by Newlin's daughters, on the other hand, claimed that they held the copyright. Furthermore, they alleged that they did not authorize the use of the lyrics, that Willis Music did not have permission to authorize others to use the lyrics, and that the lyrics had been used not only in the television series but on various kinds of program-associated merchandise without proper permission.[
On March 27, 2017, [US District](/source/United_States_District_Court_for_the_Southern_District_of_New_York) Court Judge [Naomi Reice Buchwald](/source/Naomi_Reice_Buchwald) dismissed the suit, holding that the plaintiffs had not shown that they held a copyright on their mother's lyrics:][{{cite journal | author = Stempel, Jonathan | title = Lawsuit claiming 'Big Bang Theory' stole 'Soft Kitty' is dismissed | date = March 29, 2017 | edition = online | url = https://www.reuters.com/article/us-television-bigbangtheory-idUSKBN170304 | journal = [Reuters](/source/Reuters) | access-date = April 13, 2017 | archive-date = November 12, 2020 | archive-url = https://web.archive.org/web/20201112030902/https://www.reuters.com/article/us-television-bigbangtheory-idUSKBN170304 | url-status = live }}] "They have failed to establish that they own a valid copyright as necessary to state a copyright infringement claim."