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Sonic Adventure 2 theme song creating trouble Photograph: (Sega)
Sega of America is being sued by Crush 40 musician Johnny Gioeli over an alleged breach of contract for the iconic song from Sonic Adventure 2 ‘Live and Learn’. Gioeli, claims that the publisher only has the rights to the lyrics and is seeking compensation along with a decision from the court to establish who holds the rights.
As per the lawsuit filed by Gioeli, as revealed by Polygon, Gioeli claims to be the “master recording and composition” of the song. Sega have used the song across two dozen games, including various other Sonic games, Super Smash Bros. Ultimate, Yakuza 4 and more. This lawsuit came early in December after he found out that the company has been using the song without proper licences and his knowledge.
The song was created by Crush 40, which features Johnny Gioeli and Jun Senoue. The track was recorded back in 2001 and since then Gioeli has maintained the song with music licensing agency BMI.
“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,” the lawsuit read.
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Simply looking for the owed compensation
Gioeli is simply seeking compensation for what he would have gained by licencing the song to Sega. However, at the same time, one of the Sega lawyers reportedly said that doesn’t have rights to the song. On the contrary, a different lawyer told Gioeli that it was joint work, which would give him 50% of the profits.
“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,” Gioeli said, speaking to Polygon.
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