Legal Battle: Crush 40’s Vocalist Takes Sega to Court Over Iconic Sonic Adventure 2 Theme Song ‘Live and Learn’

Johnny Gioeli, a vocalist from the rock band Crush 40, is suing Sega of The USA. The band is primarily recognized for enhancing the Sonic Adventure 2 theme, “Live & Learn,” and he claims that Sega has violated their contract regarding this legendary song. In addition to seeking financial restitution from Sega, he wants the court to definitively clarify who holds the rights to it.

In the lawsuit filed in December, Gioeli contends that he possesses the “master recording and composition of the song,” which he allegedly created and produced in his own residence without any involvement from Sega. He further charges the company with “exploiting and licensing” the song for use in more than two dozen video games, shows, and live performances without his permission.

Gioeli asserts that he first learned about the song’s use in other media earlier this year. In terms of video games, “Live & Learn” has appeared in Super Smash Bros. Brawl, the Nintendo 3DS and Wii U versions of Super Smash Bros. 4, as well as Yakuza 4 and 5. Its presence in non-Sonic Adventure 2 titles has been as recent as the 2021 release of Monster Hunter Rise from Capcom.

Since 2001, Crush 40 has become closely associated with the Sonic franchise and has produced songs for subsequent Sonic titles such as Sonic Heroes and Shadow the Hedgehog. However, he argues that in these instances, he and Sega agreed on “specific contracts” that outlined the rights to these songs or their master recordings, which did not occur with “Live & Learn.”

The lawsuit acknowledges that “Live & Learn” might be co-owned by both parties. Should that be the case, it claims Sega’s ownership could be “explicitly restricted to the lyrics themselves.”

“Without a direct claim to authorship of the master, no control or direct involvement in the creation of the final master recording, and no evident written transfer of the master, [Sega] lacks a basis to assert sole ownership of the copyright in this sound recording,” the lawsuit states. It also referenced a previous comment from a Sega attorney which highlighted that the rights to the song belong to Gioeli “and not Sega’s, and we have no rights to these materials.”

Despite this and a letter from another Sega attorney who labeled the song as a “joint work” in April, Gioeli alleges that Sega refuses to recognize him as an owner or provide him with the 50 percent of the song’s earnings to which he is entitled.

The full legal action by Johnny Gioeli against Sega of The USA can be reviewed here.

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