Crush 40 Vocalist Sues SEGA For Ownership Rights, Compensation Related To ‘Sonic Adventure 2’ Theme Song ‘Live And Learn’, Still Wants To Maintain Their “Long Standing Beautiful Relationship”
While fans across the globe are no doubt looking forward to hearing Live and Learn ring in during the hedgehog’s latest live-action adventure, the same is unlikely to be said for its singer and lyric writer Johnny Gioeli, as the Crush 40 vocalists has recently filed a lawsuit with SEGA of America over the ownership and licensing rights to iconic Sonic Adventure 2 theme song.
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Filed with the US District Court of Southern California on December 5th, Gioeli’s lawsuit centers on the singer’s refutation of the fact that despite his own work on the track, SEGA has claimed sole ownership of both Live and Learn‘s master recording and musical composition.
“[SEGA] assert they own Live and Learn based off of a 2001 lyric agreement where Plaintiff was paid $3000 to write lyrics for an as-yet-untitled song that would be included in Sonic Adventure 2,” argues Gioeli’s lawyers. “[Giolei] 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]. The assertion that they somehow own 100% of both the master recording and musical composition is without basis.”
According to the singer’s legal team, his work on the track extended far beyond just the writing of its lyrics, as SEGA of America and Sonic Adventure 2 composer Jun Senoue allegedly sent instrumental demos back to Gioeli to review and revise, after which they worked together to create the song’s master recording.
“Jun Senoue re-recorded portions under [Gioeli’s] direction in Japan, while [Gioeli] worked without any supervision, direction, or control by [SEGA] in California,” states the lawsuit. “[SEGA] was not directly involved in the creation of the master recording itself, and did not exert any creative control and supervision over the recording process.”
To this end, the lawsuit affirms that the song’s use in Sonic Adventure 2, wherein it blares over Sonic and Shadow’s final battle against the Biolizard, was the only instance of its use “for which he was aware and had consented”, with the singer only learning of its continued appearance on various SEGA-related soundtracks thanks to a conversation with a fan earlier this year.
These unauthorized uses, said Giolei, include the track’s appearance in seven non-SA2 related Sonic the Hedgehog games, three Yakuza games, four Smash Bros. games, three Phantasy Star games, and the Fist of the North Star LEGENDS ReVIVE mobile game.
In further bolstering his case, Giolei claims that in numerous communications with SEGA and its representatives, it was explicitly noted that the developer did not have any claim to the song, with a supposed message from company attorney Attiya Riasat sent in regards to his participation in the ongoing SEGA Symphony music tour reading, “Please note that these are your materials prior to this agreement, and not Sega’s and we have no rights to these materials.”
Another SEGA lawyer, Richard Lehv, is also said to have “repeatedly asserted” in an April 2024 letter that Gioeli was entitled to 50% of SEGA’s profits from their use and licensing of Live and Learn because it was considered a “joint work”.
Along with a decision regarding the official ownership of Live and Learn, Giolei is seeking proper credit, restitution, and $500,000 each, or $1 million total, in damages for both SEGA’s breaching of his contract and their unjust enrichment as result.
Asked for comment on his lawsuit by Polgyon’s Nicole Carpenter, Giolei reluctantly affirmed, “I have no comment other than my desire to maintain the preservation of a long standing beautiful relationship with Sega.”
“I do not want fans to draw conclusions or be disrupted from the beautiful memories we have made collectively with this music,” he added. “I believe and hope we will come to a peaceful settlement that will be fair and just.”
Similar lawsuits have occurred before with the Sonic IP. Across 2009 to 2013, then former Archie comics’ writer and artist Ken Penders successfully argued in court that he owned the rights to several characters he created for Archie’s Sonic the Hedgehog comic. Archie only had a photocopy of his contract, and couldn’t provide the original as more concrete proof.
Though not mentioned in the lawsuit, Sonic the Hedgehog 3 will feature the song, and its appearance was signed off on by Gioeli himself.
“I have indeed signed a deal with Paramount for song placement. How they will use it is strictly up to them,” he told video game news outlet Aftermath earlier this year. “Paramount now has the legal right to use ‘Live and Learn’ in any manner they feel necessary.”
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