Gilbert Montagné and Didier Barbelivien have faced significant legal repercussions as the Paris Court of Appeal ruled against them, confirming their iconic song 'On va s'aimer' is plagiarized from the 1976 track 'Une fille de France,' originally performed by Italian singer Gianni Nazzaro. This ruling, delivered on October 9, 2024, put Montagné and Barbelivien’s royalties at risk, marking the culmination of over two decades of legal disputes revolving around copyright issues.
The origins of this contentious case date back to 1976, when 'Une fille de France' was released, featuring music composed by Michel Cywie and lyrics penned by Jean-Max Rivière and Barbelivien himself. Montagné’s 'On va s’aimer' was released seven years later, quickly becoming emblematic of French pop music. The song has been widely celebrated since its debut, frequently played at celebrations and parties across France, often evoking nostalgia for the 1980s.
The legal saga commenced back in 2002 when Abramo Allione Edizioni Musicali, the publishing company of 'On va s’aimer,' sought to establish its originality, triggering allegations of plagiarism against Montagné's hit. A court ruling from Milan found the song to constitute clear infringement of Nazzaro’s original work, making this judgment really landmark. This initial finding set off numerous legal battles over several years, with complications and appeals between French and Italian courts.
One of the pivotal moments came when the Milan Court unequivocally ruled, as outlined by the Paris Court, 'l'œuvre 'On va s’aimer' constitue une contrefaçon de l'œuvre musicale 'Une fille de France'.' Subsequently, the Italian justice system estimated the damage suffered as approximately 1.6 million euros due to the infringement.
On October 9, 2024, the Court of Appeal’s decision confirmed previous judgments, stripping Montagné and Barbelivien of their rights to any earnings derived from 'On va s’aimer.' The court stated, 'MM. Montagné et Barbelivien et les sociétés Universal ne peuvent bénéficier des revenus générés par l’œuvre contrefaisante 'On va s’aimer.' This verdict requires Montagné to pay the heirs of Nazzaro €30,000 as compensation, effectively ending his financial gains from what has been one of his most commercially successful works.
Barbelivien, who continues to actively contribute to the music scene, suggested listeners compare the two tracks to form their own opinions on their similarities. He stated, 'Je suggère à tous ceux qui le veulent bien découter les deux œuvres pour se faire leur propre opinion. Si vous écoutez les deux, vous allez tomber de l'armoire,' indicating his stance on the controversy, which is rooted partially in creativity and originality.
The fallout from the ruling has rendered Montagné unable to gain royalties from 'On va s’aimer,' significantly impacting his career. Despite this setback, Montagné remains eligible to earn as the performer of the song. Montagné's previous legal skirmishes also add layers to this saga; he himself had previously won against Flunch, who used his hit to promote their fast-food chain. This ironic twist emphasizes the legal scrutiny music professionals must face.
Looking back, the history of 'On va s'aimer' reflects the broader challenges of intellectual property rights within the music industry, capturing how artistic creations can lead to unexpected legal entanglements. The resolution of this legal affair has left Montagné and Barbelivien reflecting on their legacy as artists weighed down by the shadows of plagiarism accusations.
With the legal avenues still open for appeal, including potential avenues with the Cour de cassation and new investigations underway, the chapter on this riveting legal battle is not closed. Montagné's famed track may become historical for reasons beyond its joyous melodies, reminding us all how careful artists must be when walking the fine line between inspiration and imitation.
