By Sagar V. Mankar 
Johnny Gioeli, lead singer of Crush 40, has filed a lawsuit against Sega of America over the rights to “Live and Learn,” the iconic theme song from Sonic Adventure 2. The legal case was filed in California on December 5.
The dispute centers on Gioeli’s claim that Sega only owns rights to the song’s lyrics, for which he was paid $3,000 in 2001. According to the lawsuit, Gioeli maintains ownership of the master recording and composition, which he says has been used without proper licensing in at least 25 different games.
Court documents reveal that Gioeli worked remotely with Sega composer Jun Senoue, transforming initial demos into the final recording. Gioeli claims he “controlled and oversaw the recording process” and has registered the song with BMI, where it’s listed as co-written by himself and Senoue. His copyright registration, filed in 2024, lists him as having authorship, rights, and permissions over both music and lyrics.
The lawsuit seeks over $1 million in damages, broken down into:
- $500,000+ for breach of contract
- $500,000+ for unpaid royalties
Games allegedly using the track without proper licensing include:
- Yakuza 4
- Sonic Generations
- Super Smash Bros. Ultimate
- Sonic X Shadow Generations
- Sonic at the Olympic Games
Despite the legal tension, Gioeli expressed hope for an amicable resolution, stating, “I have no comment other than my desire to maintain the preservation of a long-standing beautiful relationship with Sega.” He emphasized his wish for fans not to let this dispute taint their memories of the music.
Notably, this lawsuit doesn’t affect the song’s upcoming appearance in the Sonic the Hedgehog 3 movie. Gioeli confirmed in February that he signed a separate deal with Paramount for the song’s movie rights.
The case highlights the complexities of music rights in gaming, particularly for tracks created during the industry’s earlier days when digital distribution and game re-releases were less common. Sega of America has not yet responded to the lawsuit.
Source: Polygon