► Why is “We will love each other” judged as plagiarism?
We’re going to love each othersung by Gilbert Montagné, and released in 1983, is still a staple of popular evenings today. However, the song by Didier Barbelivien (lyrics) and Gilbert Montagné (Music) was recognized as plagiarism by the French justice system, which decided to deprive them of their copyright. “Mrs. Montagné and Barbelivien and the Universal companies cannot benefit from the income generated by the infringing work + We will love each other + »decided the Paris Court of Appeal in a judgment of October 9 consulted by AFP.
The Court ruled that the song “Une fille de France”, released in 1976 in Italy, was at the origin of the plagiarism. Performed by the Italian singer Gianni Nazzaro and published in France by the company Première Music Group, it was composed by Michel Cywie and written by two lyricists: Jean-Max Rivière and… Didier Barbelivien. It was published by the Première Music Group label, and was not very successful. It is based on listening to the two titles, as well as on the decisions gradually taken by the Italian justice system, that the French court made its decision.
► Why does the affair occur forty years after the events?
The legal beginnings of the case began in 2002 in Italy. 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. But the maneuver produces the opposite effect. In 2008, the court of Milan (Italy) “judges 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.
Singer Gianni Nazzaro, who died in 2021, in turn filed a complaint in 2012 before the Italian courts. In 2017, the Italian courts 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 Italian decisions, wins the case of the victims of counterfeiting in 2020. It orders the Society of Authors, Composers and Music Publishers (Sacem) to modify its catalog so that they receive the ‘entire copyright generated by We’re going to love each other.
► What will be the legal and financial consequences?
The legal drama is not over. A first appeal by French artists gave rise to this new trial, ruled on October 9 by the Paris Court of Appeal, which once again ruled in favor of the trio Rivière, Cywie and Première Music Group. But Gilbert Montagné and Didier Barbelivien still contest this decision. They announced on December 16 their decision to appeal once again to the Court of Cassation.
The central question now revolves around the allocation of remuneration generated by We’re going to love each other. The hit is still broadcast on the radio, popular in the evening, sometimes sung at weddings in France… while the Italian song was well forgotten. In Italy, a procedure aims to assess the amount of damage suffered in order to calculate compensation for plagiarized authors.
Even if they lose as a last resort, French artists will still benefit from part of the rights generated by On va s’aimer. Didier Barbelivien is co-author of the lyrics of the song A girl from France (sung in French even in Italy) and Gilbert Montagné remains paid as a performer of We’re going to love each other.
