After 26 years of legal battle, the Paris Court of Appeal has just handed down a ruling which states that the 1983 hit is
a counterfeit ofA Girl from France of the Italian Gian Nazarro. Me Goldnadel, lawyer for Gilbert Montagné, announced that he had taken the matter to the Supreme Court.
We’re going to love each otherthe love story that has ignited evenings and parties since 1983, is at the heart of a legal battle that has lasted for nearly twenty years. On October 9, 2024, the Paris Court of Appeal confirmed a decision by the Italian courts dating from 2012, stipulating that the song performed by Gilbert Montagné is partly plagiarism. The subject of the dispute were the similarities between We’re going to love each other et A girl from Franceperformed in 1976 by the Italian Gianni Nazzaro. Contacted by AFP, Mre Gilles-William Goldnadel, lawyer for Gilbert Montagné, announced that he had referred the matter to the Court of Cassation. The lawyer also specified that a new expertise is underway in Italy, suggesting that the legal fight will continue. Contacted by Le FigaroDidier Barbelivien, the lyricist of the two titles, continues to show himself “optimistic” in this affair which distresses him.
Indeed, Didier Barbelivien, who is at the same time the recognized author of the two texts, has difficulty understanding this dispute which has lasted for 26 years, if we add the time of the Italian and French procedures. It is worth remembering that within the framework of the Italian procedure, the famous lyricist is not associated with the complaint, as he cannot legally file a complaint against himself, being the author of the two songs. This long legal process was marked, in particular, by the decision rendered in 2008 by the Milan court. The latter concluded thatWe’re going to love each other constituted an infringement ofA girl from Franceordering Abramo Universal Music Italia as well as Gilbert Montagné to compensate the rights holders for the moral and patrimonial damage suffered. This conviction was confirmed by the Italian Court of Cassation in 2012, recalls the Paris Court of Appeal.
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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 has gradually recognized the transalpine decisions, has been looking into the copyright aspect since 2013. During the various procedures, the counterfeiters notably argued that the plagiarism was only partial and only concerned the music and not the words. Which should not, according to them, lead to paying the entire copyright to 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.
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A girl from France sung by Gianni Nazzaro in 1976
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 a «expertise» was also “ongoing in Italy”. The case is therefore not closed. Furthermore, the singer of Tropical Sunlights72 years old, can continue to receive rights for We’re going to love each otherin the simple capacity of interpreter of this piece passed down to posterity.
We’re going to love each other sung by Gilbert Montagné
Recognized tube maker (He hits bamboo for Philippe Lavil, Mademoiselle sings the blues for Patricia Kaas…), Didier Barbelivien, co-author of the two titles, would now like the public to come to the aid of justice and common sense, as he confided to the Figaro: “I encourage lovers of the song to listen and then compare the two works. And above all I will leave them free of their judgment. Whatever happens, I remain confident in the future decision of the Court of Cassation. But what upsets me the most is the moral torture that we put the honest man who is Gilbert Montagné through.
