Supertramp singer must 'Give a Little Bit' to ex-bandmates, US court rules

By Blake Brittain

Aug 20 (Reuters) - A U.S. appeals court said on Wednesday that British rock band Supertramp's former singer and songwriter Roger Hodgson owes three other former band members a share of songwriting royalties that he stopped paying them in 2018.

In a decision sprinkled with nods to the band's music, the 9th U.S. Circuit Court of Appeals revived bassist Dougie Thomson, saxophonist John Helliwell and drummer Bob Siebenberg's lawsuit against Hodgson after reversing a California jury verdict that his company had the right to end their royalty agreement.

"Plaintiffs ask that Defendants continue to 'Give A Little Bit' of Supertramp’s songwriting royalties until the band’s songs cease generating revenue," U.S. Circuit Judge Kim McLane Wardlaw wrote for the 9th Circuit on Wednesday. "But Defendants believe that 'From Now On,' they are no longer obligated to share royalties."

The appeals court sent the case back for further proceedings. Thomson, Helliwell and Siebenberg had requested nearly $1.3 million at trial, according to a court transcript.

Attorneys for both sides did not immediately respond to requests for comment on the decision.

Supertramp reached the height of its popularity with its 1979 album "Breakfast in America," which sold over 30 million copies worldwide. Hodgson and co-founder Rick Davies' company Delicate Music distributed the band's publishing royalties to its members.

Hodgson left the band in 1983, but Delicate Music continued to distribute its publishing royalties until 2018. The former band members sued Hodgson and Davies for breach of contract in 2021 and settled with Davies in 2023.

A jury agreed with Hodgson and his company last year that the contract could be terminated "at will, after a reasonable time." The 9th Circuit overturned the verdict on Wednesday and said Delicate Music had a continuing obligation to share the royalties with the other band members "so long as such royalties continue to exist."

The case is Thomson v. Hodgson, 9th U.S. Circuit Court of Appeals, No. 24-2858.

For the former band members: David Burg of Mandavia Ephraim + Burg

For Hodgson: Robin Meadow of Greines, Martin, Stein & Richland