Legal Question in Entertainment Law in California

Re: Research

SAN FRANCISCO (AP) - California's highest court has refused to revive a lawsuit against folk singer Tom Waits by a company that wanted to make an album of his early songs.

In 1993, Third Story Music proposed making an album of old Waits songs. The company held exclusive rights to his songs from 1972 to 1983 and had contracts with Elektra/Asylum to make, promote and sell the record. But at Waits' insistence, the proposed album was rejected by Elektra/Asylum's parent company, Warner Communications, Third Story said. Warner cited a clause in the contract that gave it veto power on the album.

Third Story sued Waits, but the case was dismissed. That ruling was upheld on appeal in December, and the high court refused to review it Thursday.

AP-DS-03-22-96 0250EST

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