The Everly Brothers Fan Forum logo
Everly Brothers Forum

Don Files Lawsuit Against Phil's Family7194

SherryH private msg quote post Address this user
I am shocked beyond belief that Don is suing Phil's family to get Phil's name removed from authorship of Cathy's Clown! Phil is the one whom Don's children thought of as their father, and he always tried to keep the family together while he was alive. Don's net worth is almost 3X Phil's, so, if he loved his brother as much as he claims, why initiate more pain for Phil's family? Money is the root of all evil.
Post 1 • IP   flag post
rosiebarm2 private msg quote post Address this user
SHOCKING NEWS THERE IS MORE I COULD SAY BUT MAYBE I WILL COMMENT LATER
Post 2 • IP   flag post
outofthebox private msg quote post Address this user
I think in view of the fact that Don also refuses to sign his mother's house back to her and that Don must have enough revenue, that this is an action not needed by him to do.
Post 3 • IP   flag post
Helena private msg quote post Address this user
Appalling news. What is the matter with Don.Spite beyond belief.
Post 4 • IP   flag post
RicardoAPriori private msg quote post Address this user
Beats me why the new thread Sherry [????]

However, I've always insisted that sources be cited so as not to fall into "Faux News" and/or "alternative facts", particularly with touchy topics.

I think that if one reads the original suit, one might get a better understanding of the situation. Please check out above link and/or:

https://www.courthousenews.com/wp-content/uploads/2017/11/EverlyBros.pdf

Welcome to the forum!
Post 5 • IP   flag post
Joyb private msg quote post Address this user
Perhaps he won’t sign the house back because if and when Mrs Everly sadly passes Away there could be huge death duty or tax due as in the UK xx❤️❤️
Post 6 • IP   flag post
Helena private msg quote post Address this user
That could be a valid reason Joy.

I still don't know why he is bothering to bring a claim against Phil's family at his age. It may not be completely Don's idea though. Open mind at the moment
Post 7 • IP   flag post
MeFloody private msg quote post Address this user
This is a very contentious subject; please don't take sides or make judgement without the facts. I understand, Phil signed over the rights to Don in the 1980's and it is Phil's family that are taking action to recover those rights. We have little or no idea of the back-ground to this or the resentments such dealings/agreements can have in a family. Please may I suggest we leave this to the Everly family to sort out
Post 8 • IP   flag post
rosiebarm2 private msg quote post Address this user
@MeFloody THANKS FOR THE COMMENTS AS YOU SAID, WE DONT KNOW AND IT IS A FAMILY MATTER. LETS LEAVE IT AND NO NEED TO DISCUSS SOMETHING OF A FAMILY OR PERSONAL MATTER. THIS HAS ALWAYS BEEN A FRIENDLY AND FUN SITE, LETS NOT GET INTO THE GOSSIP . I THINK TREE WOULD SAY THE SAME

WE CERTAINLY DONT WANT TO TARNISH THE EVERLY BROTHER name. DON AND PHIL HAVE AND WILL CONTINUE TO BE OUR HEROES
Post 9 • IP   flag post
SherryH private msg quote post Address this user
Yes a family matter, but I think Don has always only had HIS interests at heart. Consider the impact on the family when he broke up the duo for 10 years because he was sick of being musically tied to Phil?! I think maybe there needs to be some social media reaction to expose that Don's public reaction to his brother's death was nothing more than hollow and trumped up for public consumption! (Perhaps raising the story with Entertainment Tonight, People Magazine, fan clubs/forums if they still exist). Ask yourselves, is this something one does to show his love for his brother by bringing a lawsuit against the closest people to his brother's heart, just for the money he'll make?? Not my idea of how to treat family, especially when that brother was viewed as a father figure to your own children!
Post 10 • IP   flag post
RicardoAPriori private msg quote post Address this user
Fact:

Point # 24 of

https://www.courthousenews.com/wp-content/uploads/2017/11/EverlyBros.pdf

clickable text

states that:

"24. The 1980 Release acknowledged that Phil, 'as his free act and deed,' was not a co-author of the Composition (and others)..."

As some of us say, lets please not take sides [and, thus start a rather muddy snowball]. Lets stick to facts and let the family [or, sadly, the family's lawyers] sort it out.

Post 11 • IP   flag post
BobbyBri private msg quote post Address this user
I can hardly believe that the point at issue here is quite simply money. Don is certainly not going to be on the breadline.
Post 12 • IP   flag post
Helena private msg quote post Address this user
Thank you Sherry. I don't think Don did love his brother. Francis Rossi and Rick Parfitt were always arguing but at least Francis attended Rick's funeral and has twice gone on tv to explain his lack of emotion because he was being slated by the Quo fans. Don got off lightly there.

As regards bringing a claim against Phil's family, music experts are unanimous that the boys sounded better together than solo. Without Phil's sweet lilting tenor voice contributing to Cathys Clown, it wouldn't have been a hit. Why can't Don just leave it at that and drop the claim.
Post 13 • IP   flag post
Jane43 private msg quote post Address this user
Quote:
Originally Posted by Helena
Thank you Sherry. I don't think Don did love his brother. Francis Rossi and Rick Parfitt were always arguing but at least Francis attended Rick's funeral and has twice gone on tv to explain his lack of emotion because he was being slated by the Quo fans. Don got off lightly there.

As regards bringing a claim against Phil's family, music experts are unanimous that the boys sounded better together than solo. Without Phil's sweet lilting tenor voice contributing to Cathys Clown, it wouldn't have been a hit. Why can't Don just leave it at that and drop the claim.


I think as Mike has pointed out Don is defending the claim Phil’s family are making to overturn Phil’s action in 1980 to sign over his rights to Cathy’s Clown to Don. Phil would be horrified by this I’m sure.
Post 14 • IP   flag post
Helena private msg quote post Address this user
I agree with Rosie, yes it is a family matter but that doesn't make Don"s actions right. Phil by all accounts was the better father and a very supportive uncle to Don's children To say he was an integral part of the singing duo, doesn't do Phil justice.

Whatever the differences were between them, Phil was Don"s actual blood brother, part of Don for 74 years. I think this is a dreadful thing to do to Phil's family.
Post 15 • IP   flag post
Jane43 private msg quote post Address this user
Quote:
Originally Posted by Helena
I agree with Rosie, yes it is a family matter but that doesn't make Don"s actions right. Phil by all accounts was the better father and a very supportive uncle to Don's children To say he was an integral part of the singing duo, doesn't do Phil justice.

Whatever the differences were between them, Phil was Don’s actual blood brother, part of Don for 74 years. I think this is a dreadful thing to do to Phil's family.


It is a dreadful thing all round Helena but I have done some research and Don recently had to reclaim copyright of Cathy’s Clown and Phil’s family contested it after 37 years of the song being attributed to Don at Phil’s wishes. That is why Don has taken the action, doubtless after legal advice. In my opinion, for what it’s worth, it would have been a nice gesture if Don had added Phil’s name to Cathy’s Clown in Phil’s honour as it was such a huge song for them. I think the motivation for all this is resentment over things in the past but nobody will gain anything from this, just more pain and loss of dollars to lawyers.

In situations like this I always think of one of my Dad’s favourite sayings. ‘Sometimes it is better to do the right thing than to be right.’
Post 16 • IP   flag post
Helena private msg quote post Address this user
It would have been a nice gesture if Don had added Phil's name to Cathys Clown, I agree. Much as I admire Don's talent, I don't think he is the nicest person. He wasn't very nice to his first wife and over time did not acknowledge Venitia as his daughter and did not attend Phil s funeral. Perhaps fame does that to some people.
Post 17 • IP   flag post
Jeanroberts private msg quote post Address this user
SherryH. Thank you for all your information! I think I'm right in my knowledge that after 50 years of a piece of music being published, the royalties to the composer stops!

It's 50 years plus since 'Cathy's Clown' was published! Would this have something to do with this subject being brought to Don Everly's notice by the publishers?

Since Phil signed a legal document stating Don as the writer of three songs including Cathy's Clown! It does seem strange that Phil's family are up in arms! I realise Phil's widow Patti is not the mother of Phil's two sons! Do all three, totally agree with the idea that the signed legal document by Phil Everly is not enforceable!

Phil is not here to defend himself! This could be a long drawn out business!
Post 18 • IP   flag post
Jane43 private msg quote post Address this user
@Jeanroberts you are right Jean. See the following article:

clickable text

We can only assume that Phil regretted signing over the song to Don in 1980 and discussed this with his family and this is why they tried to block Don reclaiming the rights. I honestly don’t think Phil would have done this even if he felt that way, it doesn’t reflect the kind of person he was.

On the other hand the song clearly means a lot to Don and I can see why because it is my favourite song ever. I don’t think it is about money as others have claimed as Don didn’t claim the backdated royalties from 1960 when the song was released until 1980 when Phil signed it over to Don.
Post 19 • IP   flag post
Jane43 private msg quote post Address this user
I had problems posting the above link and when I checked it the link didn’t work so I am posting it again.

https://uk.reuters.com/article/us-music-everlybrothers-lawsuit/don-everly-sues-brother-phils-family-over-cathys-clown-idUKKBN1DA2NT

The Reuters article seems more accurate than others I have seen. It’s ironic that one of the other songs involved is ‘That’s Just Too Much’.
Post 20 • IP   flag post
Jeanroberts private msg quote post Address this user
Thank you Jane43. It seems it's not what is legally printed, rather than what is not printed!

It seems to me also that since the royalties from 'Cathy's Clown' were shared between Don and Phil during 1960 - 1980 and Phil signed a legal document in 1980 declaring Don the sole author of three songs including 'Cathy's Clown' If Don wished to be particularly obnoxious, could he not have claimed back Phil's half of the royalties between 1960 - 1980 stating Phil was not entitled to them?

Maybe the terms of the agreement were Phil signing away the song to Don in return for keeping Phil's share of the royalties that had automatically been credited to him up to 1980!?

The Brother's largely retired in 2005! Enough time to have sorted out any legal problems, especially since phil knew his life was going to be cut short due to his chest complaint!

If Don truly wrote 'Cathy's Clown' Then it is his to claim as such!
It doesn't sound likely that Phil is party to this litigation!

Phil would certainly want his son's to inherit what is rightfully theirs and only that which is rightfully theirs! Phil is not here to defend himself. Therefore to claim Phil said this and Phil said that is dubious! Such claims will be in the hands of his solicitors!

I hope this case can be sorted out in court without any more love lost between Don and his late brother Phil Everly!
Post 21 • IP   flag post
Pennytunes private msg quote post Address this user
Wow you have all been busy. To clear this up. I ask their mother who wrote that song and she said. "A long time ago the publishing company did put both of their names on certain songs even though both boys did not right them. Margaret said Don wrote ALL of Catheys Clown. She said Don wrote most of the songs written by the boys incuding Cathy's Clown, so by rights it's Dons to do as he wishs with.
Post 22 • IP   flag post
Jeanroberts private msg quote post Address this user
Thank you Pennytunes! This is a strange situation. Neither of Phil's sons were born when 'Cathy's Clown' was written and recorded!
Phil's widow Pattie is not the mother of Phil's two sons! Therefore was not around at the time of the writing, recording or when Phil signed Cathy's Clown over to Don!

It's sad to think this must be causing Phil's sons some strife with their uncle! Jason Everly seems a very intelligent man, he must have his reasons for becoming involved. Plus since Jason and Don's son Aden were always very good friends, it's sad to think there may be another family feud not really of their making? It seems Phil's camp are asking for royalties to songs including 'Cathy's Clown' starting from 2017!

I do hope maybe this can be settled out of court in the nicest way possible!
Post 23 • IP   flag post
annefrances private msg quote post Address this user
Thank You PennyTunes... Now, everyone be nice and wish each other a Merry Christmas !! Love Don
Post 24 • IP   flag post
Jeanroberts private msg quote post Address this user
This is a forum, we discuss the subject! None of us started this Lawsuit! It's natural we want to know the details! I'm concerned that Phil is not here to defend himself!

I actually think members of this forum have been very civil!
Post 25 • IP   flag post
Helena private msg quote post Address this user
Indeed, Phil is not here to defend himself. I know I have said it before but Don was glad enough for Phil to sing Cathys Clown along with him to make it a huge hit. Don't know why he can't just waive the claim as a goodwill gesture to his late brother.

On another note, can someone download the video Goodhearted Woman of the brothers for me. I am having trouble. The brothers look gorgeous in it. Get ready to swoon ladies.
Post 26 • IP   flag post
Roxy private msg quote post Address this user
Hi Helena Good Hearted Woman as requested.
I think it is lovely, but I also think the joy had gone for them at the time of this performance. ❤️
Post 27 • IP   flag post
Jeanroberts private msg quote post Address this user
Roxy! I agree with you about the lack of joy! They went through such a sad time, I felt for them so much, still do!

I just wonder when it was that Don first knew after 2005 that Phil had lung problems!?
Post 28 • IP   flag post
Roxy private msg quote post Address this user
Quote:
Originally Posted by Jeanroberts
Roxy! I agree with you about the lack of joy! They went through such a sad time, I felt for them so much, still do!

I just wonder when it was that Don first knew after 2005 that Phil had lung problems!?


Hi Jean,
I have wondered that as well. It must have been fairly obvious to Don that Phil had a problem... In some videos from that time, you can see Phil's chest rise as it would if he were short of breath. Sometimes a person close to someone they love, can be rather blind. We will never know.
❤️❤️
Post 29 • IP   flag post
Jeanroberts private msg quote post Address this user
Roxy, I'm so glad you noticed this too! Even my husband had noticed Phil seemed to be struggling to get a lung fully of air! I noticed particularly, having lived with two family members with terrible lung problems!

When singers are singing, they control their breathing!
it's when the song finishes that the breath control collapses!

Phil's wife Pattie said Phil began to say. "I can't breathe! I can't breathe!". It seems they thought Phil was having panic attacks! Well, if one can't breathe, one would panic! Pattie claimed that Phil began to worry about not being able to breathe well enough to get through a performance! Phil also said he was having trouble reaching the high notes and asked Don if they could lower the pitch of the songs. Don wouldn't!

They completed that last tour in Britain 2005ish but cancelled the American dates! I heard Don and Phil were not the best of friends at that point! I'm sure Don must have been sympathetic once the problem was diagnosed! I know Don feels so bad about Phil's health now he's gone! Hind sight!

Nice to chat with you! xx
Post 30 • IP   flag post
45224 62 30
Log in or sign up to compose a reply.
destitute