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The writer of the infamous Sonic Adventure 2 song "Live and Learn" is suing Sega, claiming he owns the rights to the song in part, and alleging the company has been using the song without his permission and making money off it over the last 20 years.
In a lawsuit first spotted by Polygon and also viewed by IGN, John Gioeli, the writer and performer for Live and Learn, asserts that he has maintained his songwriting registration for the song for over 20 years since he first wrote and recorded it for Sonic Adventure 2. However, he says Sega has been improperly claiming it is the actual owner of the song and behaving as such, including licensing the song to "at least 25 video games, television shows, live performances/events, and films."
Specifically, Gioeli's suit claims that Sega is basing its ownership of Live and Learn off "a 2001 lyric agreement where Gioeli was paid $3000 to write lyrics for a as-yet-untitled song that would be included in Sonic Adventure 2." He did so at his home studio, using his own equipment and own vocals, allegedly without Sega's direct involvement. He did work with Sega composer Jun Senoue over the phone, with Senoue initially sending him a music demo that Gioeli was supposed to write lyrics for. But the suit claims that the scope of Gioeli's work expanded over the course of his work on Live and Learn without amendment to the initial agreement, which was only for the lyrics. Allegedly, Gioeli revised the song significantly, communicating changes over the phone to Senoue.
As a result, Gioeli says Sega claims it owns both the recording and musical composition, but argues this is not actually the case and that there is no agreement stating such. And Gioeli also claims that Sega has acknowledged in the past that the composition is "likely jointly owned", with one Sega lawyer allegedly telling Gioeli at one point that he is entitled to 50% of profits from its use.
Gioeli allegedly was somehow unaware that Sega has been using Live and Learn with regularity in a number of other formats over the last 20 years. This is despite Gioeli working closely with the company on a number of songs throughout this time, all of which had far more specific agreements signed about who owned what. Per the suit, he only found out about its myriad uses through a fan telling him, and has since identified 25 video games it exists in. These include multiple Yakuza and Sonic games, Super Smash Bros, Phantasy Star Online, the maimai series, and Monster Hunter Rise). Notably, Gioeli was involved in the song's inclusion in the recent movie Sonic the Hedgehog 3 (which we've just reviewed), and even signed the deal with Paramount for song placement.
Gioeli is seeking a court decision as to the ownership of Live and Learn, as well as a restitution for any money he is owed and damages for breach of the 2001 Lyric Agreement.
Rebekah Valentine is a senior reporter for IGN. You can find her posting on BlueSky @duckvalentine.bsky.social. Got a story tip? Send it to [email protected].
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