Gilbert Montagné and lyricist Didier Barbelivien no longer receive royalties for “On va s’aimer”. This hit from the 80s was recognized as plagiarism during a Franco-Italian legal battle which has lasted for around twenty years.
AFP
“MM. 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.
“A girl from France”
At the beginning, we have to go back to 1976: seven years before the birth of the hit song, “Une fille de France” was released, performed by the Italian singer Gianni Nazzaro. 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 “A Girl from France”.
However, the maneuver produces a boomerang effect and it is “We will love each other” which finds itself targeted by accusations of plagiarism.
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’”. It condemns Abramo, Universal Music Italia as well as Montagné and Barbelivien to “compensation for the moral and patrimonial damage suffered” by the rights holders, recounts the Paris Court of Appeal. The Italian Court of Cassation ratified this conviction in 2012.
Plagiarism only on music
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 has gradually recognized transalpine decisions, has been looking into the copyright aspect since 2013.
During the various procedures, the infringers notably argued that the plagiarism was only partial and only concerned the music and not the lyrics. Which should not, according to them, lead to paying the entire copyright to the victims.
The Paris court rules in favor of the victims
But justice has so far not followed them: the Paris judicial court ruled in favor of the victims of counterfeiting in 2020, ordering the Society of Authors, Composers and Music Publishers (Sacem) to modify its catalog to so that they can collect the full amount of royalties.
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.
Barbelivien denies any plagiarism
A prolific author with some 2,500 songs under his belt, Didier Barbelivien benefits indirectly from this victory because he remains entitled to “Une fille de France” as co-lyricist.
“I suggest to anyone who is willing to listen to both works to form their own opinion. If you listen to both, you will fall out of the cupboard,” he told AFP, denying any plagiarism and just admitting that, “maybe in the chorus, it sounds a bit similar.”
Court of Cassation seized
Contacted by AFP, Me Gilles-William Goldnadel, lawyer for Gilbert Montagné, indicated on Monday that he had referred the matter to the Court of Cassation and that an “expertise” was also “under way in Italy”. The case is therefore not closed.
Furthermore, the singer of “Sunlights of the Tropics”, 72 years old, can continue to receive royalties for “On va s’aimer”, simply in his capacity as interpreter of this piece which has passed down to posterity.
