Gilbert Montagné and Didier Barbelivien deprived of copyright for plagiarism

This is the outcome of a Franco-Italian legal battle which has lasted for around twenty years. Gilbert Montagné and the lyricist Didier Barbelivien no longer receive royalties for We're going to love each otheran 80s hit recognized as plagiarism. “Mrs. Montagné et Barbelivien and the Universal companies cannot benefit from the income generated by the infringing work We're going to love each other », decided the Paris Court of Appeal in a judgment of October 9 consulted this Monday, confirming information from The Informed.

Originally a piece from 1976

This decision is the latest episode in a series started in Italy. At the beginning, we have to go back to 1976: seven years before the birth of the emblematic piece of French variety released A girl from Franceperformed by the Italian singer Gianni Nazzaro and published in France by the company Première Music 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 We're going to love each other with Universal Music Italia, is launching a non-infringement summons procedure, intended to recognize the original character of the work on A girl from France. However, the maneuver produces the opposite effect. In 2008, the Milan court “judged that the work We're going to love each other constitutes an infringement of the musical work A girl from France », Recalls the Paris Court of Appeal in its judgment.

Damage of 1.6 million euros

The central question now revolves around the allocation of remuneration generated by We're going to love each otherthe subject of a bitter fight 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 We're going to love each other.

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.