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CBS, Others Sued For Copyright Infringement Over "Soft Kitty" In Big Bang Theory (arstechnica.com)
UnknowingFool writes: In the popular sitcom, The Big Bang Theory, Penny has sung "Soft Kitty" to the difficult Sheldon Cooper on numerous occasions as a lullaby and to comfort him. These scenes are such fan favorites that the song lyrics are sold on merchandise. The daughters of poet Edith Newlin are suing CBS, Warner Bros, and others claiming copyright infringement for her poem, "Warm Kitty".
The situation is not a simple copyright infringement case of Warner Brothers not obtaining any permission. The poem was created in the 1930s by Newlin, but she granted permission to Willis Music to be used as lyrics in their songbook Songs for the Nursery School. Warner Brothers obtained permission from Willis Music in 2007 for the song to be used in the show. Willis Music is also named as a defendant.
The situation is not a simple copyright infringement case of Warner Brothers not obtaining any permission. The poem was created in the 1930s by Newlin, but she granted permission to Willis Music to be used as lyrics in their songbook Songs for the Nursery School. Warner Brothers obtained permission from Willis Music in 2007 for the song to be used in the show. Willis Music is also named as a defendant.
The music company did not have authority to grant CBS the rights. The lyrics clearly stated who owned the copyright. CBS could have easily figured this out.
No, it's really not. You can't apply the terms established by the October 1976 copyright act, with subsequent extensions, to works published before that date. You get to apply the terms established by the 1909 copyright act, with subsequent extensions. It's all horribly complex, but...
For a work registered or first published in the US between 1923 and 1963, and renewed, the term is indeed 95 years after the publication date.
Lawyer ouuuuuuut...