There are only a few days until Sonic the Hedgehog 3 opens in theaters. One part of the film that fans were eagerly anticipating was the appearance of the song “Live and Learn”, the very popular theme song of Sonic Adventure 2, which was originally released in 2001. The song was made by Crush 40, which is Jun Senoue and Johnny Gioeli.
Unfortunately, the latter is not thrilled with SEGA's recent actions. In fact, Gioeli sued SEGA of America for breach of contract, saying that SEGA's rights to the song included only the lyrics. Gioeli says he owns the “master recording and composition” of the song. Because of this, Gioeli claims that SEGA does not have the correct licenses to use the song, meaning that SEGA has not compensated him for using the song in at least 25 different games over the years.
So why is Gioeli suing now? Gioeli says in the lawsuit that he was simply unaware that SEGA was doing this. He was told that the song would be used in Sonic Adventure 2 and nowhere else. It wasn't until this year that he found out through fans that the song was used in many other games, such as Yakuza 4 and Super Smash Bros. Ultimate.
Gioeli is asking the court to determine who owns the masters, and then the compensation he wants for the lost royalties he would have received from SEGA for licensing the song. Gioeli's attorney says that, in the event of a breach of contract verdict, damages could reach up to $500,000. There could also be another $500,000 to recover unpaid royalties.
Gioeli later issued a statement to Polygon, saying that “I have no comment other than my desire to preserve a long-standing good relationship with Sega. I don't want fans to jump to conclusions or get distracted by the fond memories we've made together with this music. I believe and hope that we will reach a peaceful solution that will be fair and just”. As for the upcoming Sonic movie, Gioeli already confirmed in February that he and Paramount had reached an agreement and that “Paramount now has the legal right to use 'Live and Learn' in any way it sees fit.” So the lawsuit is strictly related to SEGA and their use of the song in video games.
