Why is Johnny Gioeli suing SEGA? Live and Learn theme song controversy explained 

Johnny Gioeli, frontman of Crush 40, is suing SEGA's American branch over the use of the song Live and Learn from Sonic Adventure 2 (2001). He claims SEGA breached their contract by using the song in other media without proper rights, as the company only held rights to the lyrics, not the master recording.

Johnny claimed to own the song’s “master recording and composition." He alleged SEGA has exploited the song’s license by using it in nearly two dozen different games and live shows over the years without his knowledge. In the lawsuit, Johnny asked the court to determine the true ownership of the song's masters.

He is also seeking monetary compensation from the video game company. According to a report by My Nintendo News, Johnny’s lawyer amounted the compensation up to $500,000, if the court ruled a breach of contract. The musician could potentially demand another $500,000 for recovery of unpaid royalties.

---

Crush 40's Johnny Gioeli learned of Live & Learn's usage in other media earlier this year

In the lawsuit, Johnny Gioeli claimed he learned of SEGA using Live & Learn in other media earlier this year from a fan. The song was featured in a few video games including, Super Smash Bros. Brawl, and some versions of Super Smash Bros. 4. SEGA also used the track in two games Yakuza 4 and 5, which are unrelated to the Sonic universe.

Johnny claimed he had registered and maintained the song’s ownership with Broadcast Music, Inc. (BMI). He also has the copyrights in his possession where he is listed as the song’s author which in turn grants him the rights over the song’s lyrics and composition.

The court filing states:

"Without a direct claim for authorship of the master, no control or direct involvement in the process of creating the final master recording, and no clear written transfer of the master, [Sega] has no basis to claim sole ownership of the copyright in this sound recording."

Johnny Gioeli told Polygon he wished to retain his longstanding relationship with SEGA and hoped to peacefully reach a fair settlement.

Aside from Live & Learn, Crush 40 recorded around 14 other tracks for the Sonic the Hedgehog series, including Open Your Heart from Sonic Adventure, Sonic Heroes, and What I'm Made Of... from Sonic Heroes, I Am... All Of Me and Never Turn Back from Shadow the Hedgehog, Fight the Knight from Sonic and the Black Knight, Green Light Ride from Team Sonic Racing, and a few others.

Johnny said the band had "specific agreements" with SEGA over the master recordings of these other tracks.

As Sonic the Hedgehog 3 approaches its release, fans are awaiting the return of the 2001 theme song Live & Learn. Johnny Gioeli confirmed sealing a deal with Paramount Pictures its distributor, allowing them to use the song as they please.