Yes, the beloved Sonic Adventure 2 theme song “Live and Learn” is in the next Sonic the Hedgehog 3 – but the song is causing controversy elsewhere.
Crush 40 musician Johnny Gioeli is suing Sega of America for breach of contract, claiming the publisher only has rights to the lyrics, not any other part of the composition. Gioeli claims in the lawsuit, filed earlier in December in California and reviewed by Polygonthat he is the owner of the “master recording and composition” of the song. He says he was unaware of its use in at least 25 different games, including re-releases of Sonic Adventure 2, Yakuza 4, Sound generations, Super Smash Bros. Ultimate, Sonic X Shadow GenerationsAnd Sonic at the Olympic Games — and it alleges that Sega doesn't have the proper licenses to use the song, which would mean Gioeli wasn't properly compensated for its use in those games.
Gioeli began working with Sega composer Jun Senoue in the 1990s, first on Sonic Adventure“Open Your Heart” and finally on the title track of Sonic Adventure 2“Live and learn”. Together, they wrote and performed first as Sons of Angels, then as Crush 40. Gioeli says in the lawsuit that he was paid $3,000 by Sega in 2001 to write lyrics for the then-untitled song. title which would eventually become “Live and Learn”. »
But the scope of the work has changed, his lawyers write in the lawsuit. Senoue and Gioeli worked together remotely; Senoue would send demos to Gioeli, who would rework them into a revised song, of which he owns the master recording. Gioeli's lawsuit states that he “controlled and supervised the recording process, produced the recording, directed the arrangement and song, directed the progress of the recording for other musicians, and recorded and performed the song. He indicates that his only correspondence with Sega during this process was through Senoue.
Gioeli says the master recording is credited to Crush 40, but not Sega. He reportedly “kept and registered” the song for decades with music licensing agency BMI, which is listed as co-written by himself and Senoue. He also owns the copyright, according to the lawsuit, where he is listed as having authorship, rights and permissions on music and lyrics. (The song was registered by the US Copyright Office in 2024, records show.) Gioeli says he only knew the song would be used in Sonic Adventure 2 – not elsewhere. He learned in 2024 from a fan, his lawyers write, that “Live and Learn” is used in many other places.
Gioeli has worked with Sega for over 20 years, most recently with “Green Light Ride” for Sonic Racing Team. Crush 40 also performed in the Sonic the Hedgehog 30th Anniversary Symphony in 2021. In 2016, Polygon has profiled Crush 40's work over the years as “some of the most memorable rock songs in Sonic history (and video game history in general). » But the process for the rest of Gioeli's work with Sega resulted in more specific deals that included rights to master recordings and compositions — something he says is not the case with “Live and Learn.”
That's why Gioeli is asking the court to determine who owns the masters and then compensate him for the loss of fees he would have gotten from licensing the songs to Sega. Gioeli's lawyer claims that a Sega lawyer told him he did not have the rights to the song during correspondence regarding a Sega symphony series. In 2024, another lawyer reportedly told Gioeli that it was “joint work” and that Gioeli was entitled to “50% of Sega's profits from the joint work”, but allegedly “refused to account” that Gioeli was the owner, or a co-owner, of the copyright in the master recording and composition.
Gioeli's lawyer says damages for breach of contract could amount to more than $500,000. Restitution of unpaid royalties is estimated at an additional $500,000 or more. “I have no further comment other than my desire to continue the preservation of a beautiful, long-standing relationship with Sega,” Gioeli told Polygon. “I don't want fans to draw conclusions or be disturbed by the beautiful memories we have collectively created with this music. I believe and hope that we will reach a peaceful settlement that will be fair and just.
Importantly, the dispute apparently has nothing to do with the song's inclusion in Sonic the Hedgehog 3which Gioeli confirmed in February. “I have indeed signed an agreement with Paramount for the placement of songs”, Gioeli told Aftermath in February following a teaser of the song in a new trailer. “How they use it is strictly up to them. …Paramount now has the legal right to use “Live and Learn” in any way it sees fit.
Sega of America has not yet responded to Polygon's request for comment.
Update: This story has been updated to include a statement from Gioeli.
