Crush 40 musician and Sonic songwriter Johnny Gioeli is suing Sega of America over ownership of the Sonic Adventure 2 theme song Live and Learn.
Gioeli has claimed Sega only has rights to the lyrics of the song and not the “master recording and musical composition”, the lawsuit reads (as shared by Polygon), but “unbeknownst” to the songwriter Sega has “exploited and licensed” the song to “at least 25 video games, television shows, live performances/events, and films”.
Live and Learn features heavily in the latest film, Sonic the Hedgehog 3, though Gioeli previously confirmed to Aftermath a deal was signed for its use with Paramount.
In the lawsuit, Gioeli claims he was paid $3000 to write lyrics for an as-yet-untitled song to be included in Sonic Adventure 2. He then “ended up arranging, producing, recording, and performing vocals on Live and Learn, which was produced out of his home studio in California using his own equipment without the supervision, control, or involvement” of Sega.
Further, Sega’s assertion it owns full control over the master recording and music composition is “without basis” as there is no agreement in place with Gioeli to transfer rights beyond the lyrics.
In the meantime, Gioeli has “maintained his songwriting registration” for the song for over 20 years. The songwriter holds the copyright for Live and Learn, where he’s listed as having authorship over the music and lyrics. The date of this registration is 2024.
Gioeli does admit the “composition is likely jointly owned”, the lawsuit reads, and is therefore seeking a Court decision to determine the ownership of the song. The writer is also seeking $500,000 in damages, and a further $500,000 in restitution.
Gioeli has worked with Sega composer Jun Senoue on multiple Sonic soundtracks, together writing and performing under the name Sons of Angels, which was later changed to Crush 40.
While his work on Live and Learn was “expressly limited in scope to lyrics” as per his agreement with Sega, Gioeli received demos of instrumental portions from Senoue and a back and forth ensued with Gioeli’s input.
Gioeli “controlled and oversaw the recording process, produced the recording, directed the arrangement and of the song, directed the recording process for other musicians, and recorded and performed the vocals”, the lawsuit reads.
Gioeli worked with Sega for over 20 years, from 1998’s Sonic Adventure to Team Sonic Racing and Mario & Sonic at the Olympic Games Tokyo 2020 in 2019.
However, the lawsuit states he was made aware by a fan of Crush 40 that Live and Learn was present in other well-known games, including the likes of Sonic Generations, multiple Yakuza games, multiple Super Smash Bros. games, and the recent Sonic x Shadow Generations.
“I have no comment other than my desire to maintain the preservation of a long standing beautiful relationship with Sega,” Gioeli told Polygon. “I do not want fans to draw conclusions or be disrupted from the beautiful memories we have made collectively with this music. I believe and hope we will come to a peaceful settlement that will be fair and just.”
Eurogamer has contacted Sega for further comment.
The Sonic the Hedgehog 3 film releases this week, capping off Sega’s Year of Shadow.