So I’m a big Tom Waits fan and he is to say the least fiercely against having his music used in advertising, to quote his wikipedia page: “Apparently, the highest compliment our culture grants artists nowadays is to be in an ad — ideally, naked and purring on the hood of a new car”, he said in a statement, referring to the Mercury Cougar. “I have adamantly and repeatedly refused this dubious honor.”
Furthermore, Tom Waits took it a step further and when a company asked him to preform for one of their adverts he refused, The company then hired an impersonator to play the song. Waits sued and won.
If we look however at the reading we have done recently this falls in accordance more with the french system of copyright law, in which the rights to the work belong to the author and are at the author’s discretion to claim infringement.
It sounds like the impersonator was trying to completely imitate Waits without adding his own spin or changing the meaning of the song. I can see how Waits would win in this case because it sounds like the impersonator is trying to be Waits in an effort that isn’t a parody.