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rosiebarm2 private msg quote post Address this user
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RicardoAPriori private msg quote post Address this user
Thank you Rosie! [as usual]

I was about to post the Reuters original when I found out you'd already done it...

Once again, it's crucial that we cite sources. Specially with this sort of information!

Thank you, once more!
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RicardoAPriori private msg quote post Address this user
Sources:

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SherryH private msg quote post Address this user
Hi. I am new to this forum and raised the topic of Don's lawsuit against Phil's family. RosieBarm2 said she would comment later, then changed the name of the thread to "Don Sues." I am wondering why the thread I posted wasn't added to. Just trying to learn the etiquette of the forum.
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RicardoAPriori private msg quote post Address this user
Beats me 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!
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RicardoAPriori private msg quote post Address this user
Library of Congress info:

https://www.loc.gov/programs/static/national-recording-preservation-board/documents/CathysClown.pdf

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If, however, the song starts in G major, not in D major! See paragraph 4, line three.
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Joyb private msg quote post Address this user
That is so sad to hear. As far as I have understood it they both wrote the song. In the programme Heartaches and Harmonies Waddy Watchel refers to Phil ringing up Don and telling him to get over here as I think I’ve got something good here. Meaning Cathy’s Clown I thought on wrote the main and one the chorus. Such a shame. Quite wicked in my mind xx❤️❤️
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ChrisW private msg quote post Address this user
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RicardoAPriori private msg quote post Address this user
Fact:

Point # 24 of

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

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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.

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RicardoAPriori private msg quote post Address this user
Newbies always stir things up Sherry, that's the way it should be.

Welcome to the site!

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ChrisW private msg quote post Address this user
Sherry I had read the newspaper article about this on the 12th November and just sat on it. Not sure when everyone else got to hear about it. I guess it is a big talking point and people will say things openly or keep them to themselves. It is most likely being discussed on other sites too so I wouldn't let it worry you.❤
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SherryH private msg quote post Address this user
Sent the post before it was done. All I knew about the Everly Brothers was that they were talented, handsome,and sang angelic songs that spoke to my heart. My best friend,Suzie,and I used to sing both the "low and high" parts of all of their songs,and for years, didn't go a day without listening to our Everly Brothers' 45s on my portable record player. They were a daily part of our lives in our tweens and early teens, and then Motown came along. Growing up in the Calumet Region in Northern Indiana, not that far from Michael Jackson and his family,we were immersed in the Motown sound. I learned so much about Phil and Don in the DVD that I hadn't known about--their wives, children,the 10-year rift/reunion, and that Phil had passed away. I was inspired to research and get into the weeds about their lives and careers; I read article after article about them and each of their children. People can read different "facts" and interpret them differently. After I read about Don leaving his first wife and daughter, Venetia,and never looking back, I couldn't understand why he chose to be estranged from his only child. Then when I read that he was responsible for creating the scene that led to the 10-year rift, because he no longer wanted to be tied to the hip with Phil, I started to get a sense that he was extremely self-centered. Several of his children said that their Uncle Phil was the father figure in their lives, and further research indicated that Phil seemed to be the one who tried to keep both his and Don's family together. Phil was also very close to his two sons and liked nothing better than relaxing with family. When I read about the lawsuit that Don had filed against Phil's family, I wondered how, if he loved his brother so much, that he couldn't share ownership of and royalties from Cathy's Clown. Why do this to the people whom Phil loved the most if you really loved him? I could only think of three reasons-1) Don wanted to finally finish what he wanted from the original rift; i.e.. that he be unshackled from Phil and be recognized in his sole right; 2)that family cohesiveness took a backseat to his ambitions; 3) or for monetary purposes, or a combination of all three. His net worth is over 3 times what Phil's was; why inflict more hurt on the families, especially since they lost their uncle, father, and husband? Why are there lawsuits? Because people look at the same facts and interpret them differently, and they go to court to let a judge decide which interpretation makes the most sense, given the circumstances surrounding the facts. As an attorney, I would like to see people settle these things between/among themselves. It's less complicated, costly, and has less of an acrimonious impact on the parties. Lawyers are notorious for doing what they can to drag out the litigation process in order to keep raking in the money. Litigation is a full-employment act for lawyers and their firms. So what I was doing is giving my interpretation of the facts that I researched, not gossiping or trying to start "a muddy snowball," but to hear from some/all of you why you think my interpretation or parts of it are invalid based on your interpretation of the facts and long history of following the brothers. I am interested in your views,if you care to share.
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Jane43 private msg quote post Address this user
All I can say is that Phil would be horrified by this legal action. Phil always came across as a very fair-minded person; Jason has said that his father wouldn’t allow anybody to speak ill of Don and sadly this is not now being respected. This fair-mindedness is reflected by the fact that, despite having written the verses he decided to attribute authorship of Cathy’s Clown to Don to make up for his (Phil’s) name on some of the earlier songs that had their joint names on when in fact Don had written them.

Roger White’s Book Walk Right Back Page 58 gives this quote from Phil:

‘We had just come in off the road. Don called me over and said he’d started writing a song and could I come over. He’d written the chorus of Cathy’s Clown and had the melody for the verses. I just put together the verses and it was finished.’

The book goes on to say:

‘The Song was primarily Don’s as had been most of the songs put out under their joint names. The copyright situation was resolved in 1980 when Phil signed away his rights to the songs.

Phil said: ‘Some Of The things were inaccurate. I worked on Cathy’s Clown but not on those other early ones. At the time I did the work on it I said to Wesley, “Give the song to Donald to make up for the others”, knowing that it was going to be a big hit.

So from this we learn that Don wrote the chorus and the melody and Phil wrote the verses. Roger White also tells us that Don had been inspired to write Cathy’s Clown when listening to The Grand Canyon Suite so it was primarily his idea.

Nobody knows whether Phil’s decision to sign over the rights was the result of his fair-mindedness or a reluctance to enter into a legal wrangle, only Phil could give us the answer to that one.

Sherry you say that Don left his first wife and daughter without looking back. Did you know that the divorce settlement stated that Don couldn’t see his daughter if his second wife was present? This surely made it very difficult to have regular contact with her bearing in mind the amount of touring they did and that he would want to spend the limited free time he had with Venetia and their children. Mary Sue married again the same year Don married Venetia and lived in Nashville whereas Don lived in California at that time. In a later interview Don says regarding the little contact he had with his children: ‘It is hard to have a relationship with your children when you have nothing with their mother.’ Sorry I can’t source this quote at the moment.

I don’t know if Don attended Phil’s funeral or not but he didn’t attend Buddy Holly’s either because he was too distraught; that doesn’t mean he didn’t care for him.

Phil’s Family have brought this law suit against Don to reverse a decision made 37years ago and he has to defend it. I think both sides may regret it.
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BobbyBri private msg quote post Address this user
Quote:
Originally Posted by Jane43
In a later interview Don says regarding the little contact he had with his children: ‘It is hard to have a relationship with your children when you have nothing with their mother.’ Sorry I can’t source this quote at the moment.

Jane, I think you're referring to an article from PEOPLE magazin of January 23, 1984. The author, Jim Jerome, wrote about Don's private status of that time.

Quote:
But he has kept a distance from the kids. "It's just the way it is," he shrugs. "When you have nothing, nil, with their mothers but a lot of strain, it's better to stay away."
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SherryH private msg quote post Address this user
Better for whom? Easier for whom?
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ChrisW private msg quote post Address this user
Not for the children that's for certain.
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