The executor of the estate of Marilyn Monroe brought this action against various defendants as a result of the Norman Mailer book, Marilyn. The book purported to be a biography, although plaintiff disputed this characterization. The trial court granted summary judgment. The court of appeals affirmed, saying that it did not matter whether the book was truly a biography or not. The right of publicity applies to commercial advertisements for the sale of goods or services. It does not apply to any literary works.
1. Explain plaintiff's argument.
2. According to the court in this case, does a right of publicity survive the death of Marilyn Monroe? Explain.