Johnny Gioeli, the Crush 40 musician and singer behind the iconic Sonic Adventure 2 track 'Live and Learn', is suing SEGA of America over breach of contract for the song's repeated use throughout the Sonic series (thanks, Polygon).
According to Gioeli's lawsuit (via Polygon), filed to the District Court of Southern California earlier this month, the musician claims that SEGA has no right to any part of the song other than the lyrics and that he was not aware of the track's repeated use outside of its 2001 Dreamcast origins.
The lawsuit claims that this means that Gioeli has not been correctly compensated for 'Live and Learn' in the ensuing 23 years — the musician's lawyer lists the damages for the breach of contract and the unpaid royalties at at least $500,000 each.
It all comes down to who holds ownership of the song's master copy. Gioeli, naturally, claims it is him, with the musician recalling that he worked solely with SEGA composer Jun Senoue on the track's development under the name 'Crush 40' (formerly 'Sons of Angels'). According to the lawsuit, 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.” Basically, the only other person involved was Senoue.
Gioeli's lawyers claim that the musician has “maintained and registered” the song in the time since the game's release via licensing agency BMI, where he is co-credited as its writer alongside Senoue.
While the Crush 40 singer reportedly wasn't aware of the song's reappearance in the likes of Smash Bros. Brawl, Sonic X Shadow Generations and Sonic Frontiers (it took a fan telling him, apparently), Gioeli did confirm to Aftermath back in February that he had given Paramount Pictures permission to use the track in the upcoming movie, Sonic the Hedgehog 3.
The musician released the following statement to Polygon, where he stressed the importance of maintaining a "long standing beautiful relationship with Sega":
I have no comment other than my desire to maintain the preservation of a long standing beautiful relationship with Sega. 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.
We'll be keeping an eye on this one to see just how "peaceful" the settlement turns out to be.
In related news, Sonic the Hedgehog 3 arrives in cinemas worldwide from tomorrow (20th December). A few outlets have already been lucky enough to see what goes down in this third series instalment, and you can find our review round-up below.
What do you make of this musical lawsuit? Let us know in the comments.
[source scribd.com, via polygon.com]
Comments 54
Just so happens to sue just as the next big hit film comes out? Hmm...
Oh, wow. I did not realise he never got payment for all the times it has been used since. Well, he is my favourite singer. Hope he gets it and this does not sour any chance of him working on aother Sonic game in future....
Tbf idk how he couldn't of know how much the song is used repeatedly considering its one of Sonic's most iconic tracks
It's wild (and to be fair also kind of suspicious) that this is happening only now - waiting to see the outcome of this lawsuit before saying who actually has the rights, but I doubt that "the preservation of a long standing beautiful relationship with Sega" is possible after such a thing as nice as that would be which is a shame for both parties involved!
His music is really meaningful to me. I made a video on youtube about my top 5 songs of his and what each one meant to me, and he tracked me down on Twitter/followed me, and sent me such a lovely message. He even got me free tickets to a Hardline gig too! He is the only musician I have ever seen in concert (3 times). Because I am Autistic and do not like crowds, and have hypersensitivity to light/sound, and they take place in the evening, which upsets my rigid routine, but I suffered through as wanted to see him so badly. That meant something to him I guess.
He is really really kind and cool to fans. This is an iconic song for the franchise, so he really does deserve to be compensated for it.
@Fighting_Game_Loser I don't think it's that crazy tbh. If he doesn't really play the games and he obviously wasn't told by Sega it seems sort of natural, it's not like the song is often associated with any of the other games.
@Fighting_Game_Loser - By his own admission, he is not really a gamer, so may not have been aware where exactly it was also used till now.
@JohnnyMind The timing absolutely doesn't feel like a coincidence, but if his story is true I'm not sure it should. The song is very relevant now due to the movie and Shadow generally being marketed like crazy, so a fan telling him this now specifically makes sense I think.
That song also being featured on SEGA Rhythm games MaiMai.
@Polley001 Of course, what matters the most is if his story is true which we'll just have to see if it ends up being confirmed by the result of this very lawsuit!
"Live and learn! Hanging on the edge of a lawsuit!"
He forgot he did this song, but when the film agency asked permission he thought, oh I can get more from other games they have used it in
Anti-Matter just scored Gioeli another potential $500,000. 😅
Summoning @HeadPirate to give us the legal knowhow...
@JohnnyMind I imagine it's a classic case of SEGA not bothering to tell him or not knowing he owned the rights, and Johnny also not being told until Paramount asked for permission it finally clicked to what SEGA should have been doing under his contract to write the song in the first place.
This is SEGA who famously lost the rights to the original version of Endless Possibility once Sony bought the record label that handled Bowling for Soup, and then shuttered it, which means legitimately no one knows who owns the song anymore.
And the same publisher who doesn't actually own any of the music from Sonic 1 and 2 and has to pay the composer every time they want to use it.
Or seemingly Sonic Rush's music either given it got removed from Generations this year.
Honestly, there's something about this Polygon article and this whole ordeal that screams fake news to me. I just find it hard to believe that Gioeli has been unaware until now of Live & Learn's widespread use over the past 20+ years, unless he's been living in a cave. The guy is in a band that's mostly known for making Sonic game music for pete's sake.
@Haruki_NLI Thanks for telling me and yeah, wouldn't be surprised if that were the case but still, waiting to see how this lawsuit ends before saying for sure!
@Pigeon Not really. Apparently he already gave Paramount permission to use the song and so did Sega. So, it really is a nothing burger there. This seems to be more so who has ownership of the track and considering the wild west that was Sega in the 90s I would not be surprised if this is just fallout of Sega not properly securing their eggs at the time and are now just licensing the song without his permission as it sounds like he owns the rights to it based on what is reported to the article. What it really comes down to is how his contract on the game was written and if it was as "work for hire" or with the explicit condition that Sega owns the music he makes while working on the title. It was very common at the time for game companies to use music not owned by them in their games as main themes such as Ozar Midrashim in Soul Reaver. So, it really comes down to how his contract was written.
As for the timing... probably just case that the song has renewed popularity and thanks to fans reaching out to him he has only now found out about the other games the song was used in without his knowledge.
@Haruki_NLI This, all this. Sega in the 90s was really bad with locking down their music catalog. And considering their collaboration with the likes of Michael Jackson on Sonic 3 they don't even own all the tracks in that game either. They've also collaborated with other notable musicians on other titles they have always been in a bit of a pickle when it comes to Sonic music in particular (Sonic CD I think has a few tracks that are not owned by Sega either).
Something like this happened about a decade ago with Bentley Jones, I don't think there was a lawsuit but certainly no more songs after the fallout.
Oh, and I guess Michael Jackson, man, SEGA has a track record.
Still think about how Brawl didn't get the correct version of His World (nor Snake Eater for that matter.)
What I find suspect is how he went through all the trouble of maintaining the musical copyright, but never realized the song was being reused all these years. Its understood that musicians are a bit... Stuck in their own worlds, but Crush 40 is active in the Sonic community. Did he really just never look at any game ever in that time? Even though Sega kept inviting him back and he kept WORKING WITH THE GUY who managed all Sonic's music?
@Haruki_NLI And that's why there's only 3 Sonic songs in the Sonic movies.
@Fighting_Game_Loser
I haven't played any sonic game since Adventure 2 Battle on the GameCube.
I didn't know the song was still being used.
If he doesn't play the games, I don't see why he would know.
Without Sonic Adventure they would be nothing. I think there's more to this than we're being told.
@Haruki_NLI Interesting point about Endless Possibility because it does still appear in Sonic X Shadow Generations. They removed the Sonic Rush song, but not that one.
I really hope this doesn't end in Sega not using them anymore. I've loved the resurgence of Crush 40 and rock music in Sonic Games again. Lost World to Forces was a dark time for modern sonic fans.
So my question is if true, what was BMI doing this whole time? Shouldn't they have been notified and in turn notifying him each time the song was going to be used over the years?
I suspect this will end with a reasonably sized settlement, Sega continuing to use the song, and a lot of extremely well-paid lawyers.
@Mana_Knight I do not know who this guy is, but reading your story makes me want to look him up. I'll start with your YouTube vid! Just need a search prompt to find it.
Cheers from a fellow autistic.
Ah, how kind! And cool.
If you just try 'My Top 5 Johnny Gioeli songs' - it seems to come up 1st for me.
Look, I'm not saying he's not in his right to sue and I can totally understand if he's not a gamer. But how do you go a little over 2 decades without knowing where your material is being used?
I mean, prior to the release of Smash Bros. Brawl when Sonic was added, they released a trailer featuring Live & Learn.
I'm surprised nobody told him back then given it was kind of a big deal. If I recall correctly, it was the first time the song was reused, unless it also appears in Shadow the Hedgehog and Sonic 06.
It probably means your manager (if you have one) sucks at its job.
Shame the tagline wasn't "From the works of yesterday" straight from the song lyrics considering how well it lines up with the topic at hand.
Was he in the phantom zone or something for decades? How can you be THAT unaware about your music in some of the most high profile game releases over the years?
Live and Learn isn’t some niche song either in the Sonic franchise considering how often it’s used. Seriously. The internet exists and in your pocket via the phone. Use it more.
Looks like this Sonic Blast from the past is Undefeatable, both sides should Live and Learn how to Open Your Heart.
Interestingly Sonic Adventure 2 was one of the Steam Sonic game Sega didn't delist during their mass delisting of games on December 6. How stupid can Sega be, now Gioeli had full proof to win this case if Sega doesn't settle.
@Serpenterror apparently both Adventure games DID get delisted… in Germany and Italy
@Pigeon did you even read the article?
Huh. That’s weird. On the other hand.
LIVE AND LEARN CONFIRMED FOR SONIC 3 BABYYYYYYYYYYYY!!!
@Pigeon if you had read the article you'll have seen he's already given permission to use it in the movie, so it's nothing to do with trying to reap some of the film profits.
I mean they should be paid for every instance of use....
In a commercial, pay them
In a movie, pay then
Re-releasing a game the song is featured in, pay them!
It's really that simple!!
Unless, Sega bought the song with exclusive rights for use to be seen as fit by Sega.... then we'll they should have read their contract before signing!!
@OstianOwl there already is 2 movies that made millions and millions!! Not counting soundtrack sales and clicks on the web. Plus all the physical copies made of both movie and soundtrack.
@Haruki_NLI Wouldn't that mean Sony still owns the rights to "Endless Possibility", but like they don't know which branch it's located in? Or better yet, why hasn't SegaSammy tried to buy the rights to all the missing songs with big old stacks of cash? If they can buy studios, why can't they buy off the song holders?
Maybe this has nothing to do with anything, but a couple weeks ago I uploaded a cover of City Escape (also from SA2) and YouTube didn't flag it for copyright...
...so it's very possible that somebody wasn't doing their homework.
If it takes you 23 years to notice, you shouldn't have a right to sue.
The timing of this is very dubious… But we’ll just have to wait and see who is right in the end.
@martynstuff
Sorry to disappoint, but this is outside my wheelhouse. I know about IP and patents because I own and have defended them, not because I have a background in law.
This seems like a simple contract dispute, and as such there isn't much to speculate about unless we can see the exact terms of the contract. It's not a dispute about what is legal and what isn't, it's just a dispute over if SEGA did what they said they would do in the contract of if they didn't.
@Haruki_NLI Is that what happened to endless possibilities? I love love love that song and years later when I tried to find the track on Apple Music and Spotify I was surprised that it wasn’t apart of the song list like reach for the stars and live and learn. Crazy I didn’t know that thank you for answering a question I didn’t know had one.
Sega's gonna win this. Gioeli didn't even know the song has been reused? And yet we expect that he has a clear understanding of the copyright ownership? Doubtful. Companies like Sega and Nintendo have better lawyers than World Leaders. They're very likely going to win.
Money getting low. Need a pay day. Time to search for legal loopholes in the contract to find a way to sue. I love this world.
Way too late, guys. They're probably crushing 40 like me and need money (like me).
@NinjaWaddleDee : Regardless of who wins and loses in this lawsuit I'm certain it will end in a 'peaceful' settlement, and I don't believe this marks the end of Crush 40 (this is really more about Gioeli, not the band, having a beef with Sega) or the end of Live & Learn's use in Sonic games.
After all, Sega don't own the Sonic 1 & 2 soundtracks but they still pay the actual owners each time any music (Green Hill in paticular) is used to this day.
@Pigeon You're saying I assume a lot, while you're also assuming a lot. You can work in the industry and not keep track of everything Sega does. This is also not the first time Sega has ended up in hot water over music from their games in the 90s (or even after the 90s in the case of Bentley Jones). He says pretty explicitly it was fans who told him his song was in games/shows he didn't sign-off on. It seems like a pretty reasonable explanation due to the film suddenly popularizing the song into the mainstream. Music copyright is also an extremely wonky area so this being a simple misunderstanding is also quite possible.
I don't want to color the artist with malintent when his explanation is pretty reasonable for people not consuming every game Sonic appears in. He is also apparently not much of a gamer according to fans that met him so it is not that unlikely once that factoid gets added in there.
@Zeebor15 It is pretty common for musicians to not even file paper work to renew their music. It was probably done by this lawyer at some point over the years. I mean the timing is a bit, sus, but it isn't unreasonable for him to be not aware Live and Learn was being used in other not directly Sonic related media like Smash Bros or even on a TV show that aired through 4kids in the West.
guys I'm dying of laughter
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