Advice of attorneys on the Einstein matter

What was interesting (scary) was the advice given by IP attorneys on the Einstein-photo-on-book-jacket matter:

The first replied that the use of Einstein photos on a book jacket would be considered advertising (magazine covers are); Richman might stake a claim. [LBE note: these are photos of the real Einstein, not a lookalike. The photos were obtained with permission of the copyright holder.]

A second replied that as long as the book is about Einstein there should be no problems.

A third replied that as long as the copyright was cleared (the photos came from a stockhouse) the publisher would be all right (Richman does not have a claim).

The stockhouse said a photo on the inside was safer than on the cover.

Hmmm, does the state law right of publicity of a dead person (Einstein) trump the rights of the federal copyright holder (and licensee)?