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Tom Waits Sued: A countersuit has been filed against singer Tom Waits by his publishing company, Third Story Music, over rights to use his songs in advertisements. The Superior Court lawsuit claims Waits threatened to sue potential users of his songs, citing his $3-million legal victory against Frito-Lay, which used a sound-alike singer in commercials. Waits recently filed his own suit against Third Story Music, which allowed the use of Waits’ songs in two European ads, claiming his contract forbade it. The publisher’s suit says Waits’ contract allows it to sell commercial rights to his songs for $50,000.