Sega of America is being taken to court by Johnny Gioeli, a musician for the rock band Crush 40. The band is best known for creating Sonic Adventure 2’s theme, “Live & Learn,” and he alleges Sega is in breach of contract over the iconic song. In addition to seeking financial compensation from Sega, he wants the court to “conclusively establish” who owns it.
In the December-filed suit, Gioeli claims to have the “master recording and composition of the song,” which he reportedly created and produced in his own home without any involvement from Sega. He further accuses the publisher of “exploiting and licensing” the song to over two dozen games, shows, and live performances without his knowledge.
Gioeli states he was first made aware of the song’s presence in other media earlier this year. Game-wise, “Live & Learn” has been featured in Super Smash Bros. Brawl, the Nintendo 3DS and Wii U versions of Super Smash Bros. 4, and Yakuza 4 and 5. Its inclusion in non-Sonic Adventure 2 titles is as recent as 2021’s Monster Hunter Rise from Capcom.
Since 2001, Crush 40 has become commonly associated with the Sonic franchise and made songs for later Sonic games like Sonic Heroes and Shadow the Hedgehog. However, he argued that in those instances, he and Sega reached “specific agreements” that addressed those songs’ rights or master recordings, which did not happen with “Live & Learn.”
The lawsuit acknowledges that “Live & Learn” may be jointly-owned by the two parties. Should that be the case, it argues Sega’s ownership would be “expressly limited to the lyrics themselves.”
“Without a direct claim for authorship of the master, no control or direct involvement in the process of creating the final master recording, and no clear written transfer of the master, [Sega] has no basis to claim sole ownership of the copyright in this sound recording,” the suit reads. It further cited a prior statement from a Sega attorney which noted the song’s rights are Gioeli’s “and not Sega’s, and we have no rights to these materials.”
Despite that and a letter from a separate Sega lawyer who called the song a “joint work” in April, Gioeli claims Sega refuses to name him an owner or give him 50 percent of the song’s profits he is entitled to.
Johnny Gioeli’s full lawsuit against Sega of America can be read here.