The author of the infamous song “Live and Learn” from Sonic Adventure 2 is suing Sega, claiming he owns partial rights to the song and accusing the company of using it without his consent and profiting from it for the past 20 years.
In lawsuit first spotted by Polygon John Gioeli, writer and performer of Live and Learn, also seen by IGN, states that he has maintained a record as a songwriter for the song for over 20 years, since he first wrote and recorded it for Sonic Adventure 2. However, he claims that Sega improperly claimed and engaged in beneficial ownership of the work, including licensing the work for “at least 25 video games, television shows, live performances/events and films.”
Specifically, Gioeli’s lawsuit claims that Sega is basing its ownership of Live and Learn on a “2001 lyric agreement under which Gioeli was paid $3,000 to write lyrics for an as-yet-untitled song to be included in Sonic Adventure 2.” He did this in his home studio, using his own equipment and his own vocals, allegedly without Sega’s direct involvement. He collaborated with Sega composer Jun Senoue over the phone, and Senoue initially sent him a music demo for which Gioeli would write lyrics. However, the lawsuit alleges that Gioeli’s scope of work expanded over the course of his work on Live and Learn without changes to the original contract, which only covered lyrics. Gioeli reportedly improved the song significantly by informing Senoue of the changes over the phone.
As a result, Gioeli claims that Sega claims ownership of both the recording and the musical composition, but claims that this is not the case and that there is no agreement establishing this. Gioeli also claims that Sega has admitted in the past that the composition is “likely jointly owned,” and one of Sega’s lawyers allegedly told Gioeli at one point that he was entitled to 50% of the profits from its apply.
Gioeli was allegedly unaware that Sega had been regularly using Live and Learn in many other formats over the past 20 years. This is despite Gioeli working closely with the label throughout this time on a number of songs, all of which had much more detailed contracts signed regarding who owned what. According to the lawsuit, he only learned about the plant’s myriad uses through what a fan told him, and has since identified 25 video games in which it appears. These include numerous Yakuza and Sonic games, Super Smash Bros, Phantasy Star Online, the maimai series, and Rise of the Monster Hunter). It’s worth noting that Gioeli was involved with the song’s inclusion in the recent Sonic the Hedgehog 3 movie (which we just reviewed), and even signed a deal with Paramount to include the song.
Gioeli is seeking a court decision regarding the ownership of Live and Learn, as well as the return of any monies owed to him and damages for breach of the 2001 Lyric Agreement.
Rebekah Valentine is a senior reporter for IGN. Her posts can be found on BlueSky @duckvalentine.bsky.social. Have a story tip? Send it to rvalentine@ign.com.
