Crush 40 musician Johnny Gioeli is suing Sega of America for breach of contract, saying the publisher only has rights to the lyrics, not any other part of the composition. Gioeli claims in the lawsuit,
filed earlier in December in California and reviewed by Polygon, that he is the owner of the “master recording and composition” of the song. He says he was unaware of its usage in at least 25 different games, including re-releases of
Sonic Adventure 2,
Yakuza 4,
Sonic Generations,
Super Smash Bros. Ultimate,
Sonic X Shadow Generations, and
Sonic at the Olympic Games — and he’s alleging that Sega doesn’t have the correct licenses to use the song, which would mean that Gioeli wasn’t rightly compensated for its usage in these games.
Gioeli began working with Sega composer Jun Senoue in the ’90s, first on
Sonic Adventure’s “Open Your Heart” and eventually on the title track for
Sonic Adventure 2, “Live and Learn.” Together, they wrote and performed first under the name Sons of Angels, then Crush 40. Gioeli says in the lawsuit he was paid $3,000 by Sega in 2001 to write the lyrics for the then-untitled song that would eventually become “Live and Learn.”
But the scope of the work changed, his lawyers write in the lawsuit. Senoue and Gioeli worked together remotely; Senoue would send demos to Gioeli, who would rework them into a revised song, of which he owns the master recording. Gioeli’s lawsuit filing says he “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.” It states that his only correspondence with Sega during this process was through Senoue.
Gioeli says the master recording is credited to Crush 40, but not Sega. He has reportedly “maintained and registered” the song for decades with music licensing agency BMI, which is listed as co-written by himself and Senoue. He also holds the copyright, according to the lawsuit,
where he is listed of having authorship, rights, and permissions over the music and lyrics. (The song was registered by the U.S. Copyright Office in 2024, per records.) Gioeli says he was only aware that the song would be used in
Sonic Adventure 2 — not elsewhere. He learned in 2024 through a fan, his lawyers write, that “Live and Learn” is used in lots of other places.
Gioeli has worked with Sega for more than 20 years, most recently with “Green Light Ride” for
Team Sonic Racing. Crush 40 also performed in the Sonic the Hedgehog 30th Anniversary Symphony in 2021. In 2016,
Polygon described Crush 40’s work over the years as “some of the most memorable butt rock tracks from Sonic history (and the history of video games in general).” But the process for the rest of Gioeli’s work with Sega resulted in more specific agreements that included rights for the master recordings and compositions — something that he says isn’t the case with “Live and Learn.”
That’s why Gioeli is asking the court to determine who the owner of the masters is, and then to compensate him for the lost fees he would have gotten for licensing the songs out to Sega. Gioeli’s lawyer says that a Sega lawyer told him it doesn’t have rights to the song during correspondence regarding a Sega symphony series. In 2024, a different lawyer allegedly told Gioeli that it’s a “joint work,” and that Gioeli is entitled to “50% of Sega’s profits from the joint work,” but has “refused to account” that Gioeli is the owner, or a joint owner, of the copyrights regarding the master recording and composition.
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. “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.”
Crucially, the dispute is seemingly unrelated to the song’s inclusion in
Sonic the Hedgehog 3, which Gioeli confirmed in February. “I have indeed signed a deal with Paramount for song placement,”
Gioeli told Aftermath in February following a tease of the song in a new trailer. “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.”
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