Gilbert Montagné and lyricist Didier Barbelivien no longer receive royalties for “On va s'aimer”, a hit from the 80s recognized as plagiarism during a Franco-Italian legal battle which has lasted for around twenty years.
“Messrs. Montagné and Barbelivien and the Universal companies cannot benefit from the income generated by the infringing work +On va s'aimer+”, decided the Paris Court of Appeal in a judgment of October 9 consulted Monday by AFP , confirming information from the Informed.
This decision is the latest episode in a series started in Italy.
At the beginning, we must go back to 1976: seven years before the birth of the emblematic piece of French variety, sung by Montagné, “Une fille de France” was released, performed by the Italian singer Gianni Nazzaro and published in France by the Première Music company. Group. For the composition, Michel Cywie and, for the lyrics, two co-authors: Jean-Max Rivière and… the hit maker Didier Barbelivien.
The legal beginnings date back to 2002, when Abramo Allione Edizioni Musicali, publishing company of “On va s'aimer” with Universal Music Italia, launched a non-infringement summons procedure, supposed to recognize the original character of the work on “Une fille de France”. But the maneuver produces the opposite effect.
In 2008, the court of Milan (Italy) “judged that the work +On va s'aimer+ constitutes an infringement of the musical work +Une fille de France+”, recalls the Paris Court of Appeal in its judgment.
The central question now revolves around the allocation of remuneration generated by “On va s'aimer”, the subject of a bitter battle in court.
In 2017, Italian justice estimated the damage suffered at 1.6 million euros but, following appeals, the case must be judged again.
French justice, which gradually recognized the transalpine decisions, ruled in favor of the victims of counterfeiting in 2020, ordering the Society of Authors, Composers and Music Publishers (Sacem) to modify its catalog so that they receive all copyrights generated by “On va s’aimer”.
After an appeal to the Court of Cassation and a new trial, the Court of Appeal, in its October judgment, once again ruled in favor of the trio Rivière, Cywie and Première Music Group.
When contacted, the lawyers for the various parties did not react immediately.
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