Crush 40 musician and Sonic composer Johnny Gioeli is suing Sega of America over ownership of the Sonic Adventure 2 theme song, Live and Learn.
Live and Learn features heavily in the latest film, Sonic the Hedgehog 3, although Gioeli previously confirmed to Aftermath that a deal for its use has been signed with Paramount.
In the suit, Gioeli claims he was paid $3,000 to write lyrics for an as-yet-untitled song that would be included in Sonic Adventure 2. He then “ended up arranging, producing, recording and performing vocals on Live and Learn, which was produced in the studio from his home in California using his own equipment without the supervision, control or involvement” of Sega.
Furthermore, Sega's claim that it has full control over the master recording and musical composition is “unfounded” as there is no agreement with Gioeli to transfer rights beyond the lyrics.
Meanwhile, Gioeli has “maintained his songwriting log” for the song for over 20 years. The composer owns the copyright to Live and Learn, where he is listed as the author of the music and lyrics. The date of this record is 2024.
Gioeli admits that “the composition is likely jointly owned,” the lawsuit reads, and is therefore seeking a court decision to determine ownership of the song. The writer is also seeking $500,000 in damages and another $500,000 in restitution.
Gioeli has worked with Sega composer Jun Senoue on multiple Sonic soundtracks, writing and performing together 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” per his agreement with Sega, Gioeli received demos of instrumental parts from Senoue and an exchange occurred with Gioeli's input.
Gioeli “controlled and supervised the recording process, produced the recording, directed the arrangements and song, directed the recording process for other musicians, and recorded and performed the vocals,” the suit reads.
Gioeli worked with Sega for more than 20 years, from 1998's Sonic Adventure to Team Sonic Racing and Mario & Sonic at the Tokyo 2020 Olympic Games in 2019.
However, the lawsuit claims that a Crush 40 fan informed it that Live and Learn was present in other well-known games, including Sonic Generations, several Yakuza games, several Super Smash Bros. games, and the recent Sonic game. x Generations of Shadows.
“I have no comment other than my desire to maintain the preservation of a beautiful, long-standing relationship with Sega,” Gioeli told Polygon. “I don't want fans to jump to conclusions or be disturbed by the beautiful memories we have collectively created with this music. I believe and hope that we reach a peaceful agreement that is fair and equitable.”
Eurogamer has contacted Sega for further comment.
The Sonic the Hedgehog 3 movie premieres this week, capping off Sega's Year of Shadows.