The popular theme song “Live and Learn” from Sonic Adventure 2 will be featured in the upcoming Sonic the Hedgehog 3 movie, but the song is now also the subject of a legal dispute between its composer and Sega. Musician Johnny Gioeli is suing Sega of America for breach of contract, claiming that Sega only has rights to the song’s lyrics and not the entire composition.
Gioeli states in his lawsuit, filed in December in California, that he owns the master recording and composition of the song. He was unaware that it had been used in at least 25 games, including re-releases of Sonic Adventure 2 and Yakuza 4, and he claims that Sega lacks the proper licenses for these uses, meaning he has not been compensated correctly.
“I have no comment other than my desire to maintain the preservation of a long-standing beautiful relationship with Sega,” Gioeli told Polygon. “I do not want fans to draw conclusions or be disrupted from the beautiful memories we have made collectively with this music. I believe and hope we will come to a peaceful settlement that will be fair and just.”
Gioeli began collaborating with Sega composer Jun Senoue in the 1990s and was paid $3,000 in 2001 to write the lyrics for “Live and Learn.” The lawsuit argues that the scope of their work changed over time, with Gioeli taking an active role in the recording and production of the song. Although “Live and Learn” is credited to Crush 40, Gioeli asserts that Sega is not credited. He has maintained rights over the song for years and only recently discovered its wider use as fans pointed it out this year.
Gioeli’s lawyer says damages for the breach of contract could be more than $500,000. Restitution for the unpaid royalties is listed at another $500,000 or more.
The lawsuit filing says Gioeli “controlled and oversaw the recording process, produced the recording, directed the arrangement and of the song, directed the recording progress for other musicians, and recorded and performed the vocals.”
Gioeli confirmed in February that he worked with Paramount to get the license for the song available for the movie. “I have indeed signed a deal with Paramount for song placement,” Gioeli told Aftermath at the time. “How they will use it is strictly up to them. Paramount now has the legal right to use ‘Live and Learn’ in any manner they feel necessary.”