Posted in: Comics | Tagged: Andreas Gursky, Batman, iron man, Leaks, sony, sonyleaks, spider-man, superman

Getting Batman, Superman, Spider-Man And Iron Man Into The Work Of Andreas Gursky – Sony Leaks…

Published Tue, 21 Apr 2015 09:00:09 -0500

Andreas Gursky is a German photography manipulator of some note, with exhibitions around the world. And he liked the idea of inserting images of superheroes into his landscape images.

The Sony leaks detail some of the discussions and concerns amongst the highest echelons at Sony, DC and Marvel. It began in May 2013 when Louise Neri, Director of the Gagosian Gallery got in touch with Sony exec Michael Lynton to ask,

Andreas Gursky is beginning work on a new project, which may employ various Marvel characters.When he is a bit further along, could I ask for your advice as to how to proceed with rights?

Michael replied,

I should be here, my july plans are a bit up in the air. The Marvel characters and their usage is very very tricky. The guy to be in touch with is Ike Permutter who is in NYC. He controls them all. I am happy to put you in touch with him. Looking forward to seeing you. a big hug, M

Well, November rolled around, and Louise returned to ask

I wanted to update you on Andreas's comic hero project, given the lapse of time since we were last in contact. He vaguely knows Gwyneth Paltrow so he decided to approach her for the Ironman image, and has now completed one work.

Spurred by this, he would like to continue with other characters and has turned his attention to Superman and Batman. Am I right in understanding that they now belong to DC-Comics?? Would you be able to help us?

Basically what Andreas needs to do is obtain hi-res files from which he can work to make new pictures. If you think you can assist us, we can go into more specific details regarding the nature of the images he is looking for. With Ironman, it was a classic kiss scene between Pepperpott and Ironman that ended up as a silhouette in a larger sunset image that Andreas shot himself in Thailand. (I know, this sounds about as convincing as someone else's dream from the night before….)

She clarified what she was looking for,

The pool of characters is Superman, Batman, Spiderman and Fantastic Four.
Andreas needs to establish whether he can gain in-principle access to hi-res files of the film characters, then he can start working to figure out the actual details/frames.

But Michael had something else in mind. He was looking for a photo print of a football pitch.

Question, if I wanted to buy one of Andreas' photos, specifically Amsterdam, EM Arena, 2000, how would I do that. It is of a football pitch. A big hug to you. M

She was on it.

It so happens that Franklin Sirmans has requested this work for his "Beautiful Game" show at LACMA later this spring. Andreas has agreed to provide one from his archive, although right now it is loan only and NFS.

Would you like me to ask him to release it? I'm sure he could be persuaded because it is you.

Though Michael did want to check one thing.

How much do you think it would be?

To the response,

The secondary market edition was on offer at the client's asking price of USD 650,000. Given that we sell Gurskys in EUR and the average price for new works is 400-450k, this would seem about right.

Let me ask Gursky whether he would sell the edition that is coming to LACMA at a better price given the invaluable assistance that you are giving us with the new series….

But Michael knew others who had Gursky photos, so he asked around. To Eric Fellner at Working Title Productions,

M: Is that football photo you have a gursky?

E: Yes…why?

M: I was going to buy a copy.

E: I think theres 7 and an artist proof…if you need help finding one let me
know and I can ask here in europe…fascinated to know what they are worth
now…I paid 175k in 2003ish….I hope its gone up!! Knowing my luck with
investments its probably gone down.

Talking of investments…theres a business I am getting involved in that
might be a winner that im happy to discuss with you if interested…x

I think it is worth three times that! Love to hear about the new business ! M

It's a strange world where that's a bargain for a photograph. You can
buy an important Chinese painting from the 16th century for the same
money. But over the next 20 years the Gursky may appreciate more. In
any case it depends on how much you like it. I do think many of his
images are really amazing and are rivals to paintings of times past.

Louise returned with news.

As I mentioned, LACMA will show this very work in the upcoming show about soccer. As there is no edition available I am asking Andreas whether he would make this available to you and what the price would be.
I'm leaving for Germany tomorrow night and will be seeing him the following week so will do my best for you — in person!

He was still keen

I would love to buy it! A close friend owns one in london ! Travel safely.

Now it came down to the finances, Louie telling Michael,

Andreas is delighted that you will acquire this work!
I will have the final price and details in a couple of hours.
It will definitely be a good deal, below retail and well below secondary market levels.
The loan agreement has already been processed between LACMA and Andreas. We can invoice you immediately but ownership does not technically pass to you until delivery, which will be at the close of the show
in May.
I just want you to be aware of this and to rest assured that I will ascertain the best way for the transaction to take place and from where the invoice should be issued.

Without Andreas having confirmed, I estimate that the price will be EUR 300,000 — 350,000 and of course we'll work to keep it at the lower end of that range. As this is a sale that does not come out of current inventory but the artist's personal archive, I want to be clear that we are offering you his lowest price and there can be no negotiation for further discount. Sales tax will be additional, depending on where we can invoice from. I'm also looking into this with our U.S. and European invoicing departments to see which is more advantageous for you.
Based on current retail prices (available Oceans and Bangkok images), this price would represent a 20% discount on an image that has been unavailable for quite some time. A win-win for sure. And well below a recent private sale result of USD 650,000 before sale tax.

Michael introduced Louise to Mavel CEO Ike Perlmutter,

The name of the photographer is Andreas Gursky. Very famous, brilliant. Wants to use photographs of super heroes . Bob Iger will know who he is. He has his photographs at LACMA. He will make something very beautiful. I will send you the spiderman image by a separate email.

And to Marvel publisher Dan Buckley,

I am introducing the two of you to discuss the superhero photographs that Andreas Gursky is planning on creating. Dan is in charge of all things Marvel and is the best person to deal with on this matter. He is completely up to speed on what is going on.

But there was trouble with the print that Michael was looking to purchase,

Dear Michael–
Today, Andreas contacted me with the news that upon uncrating the edition of EM Arena II destined for LA, he discovered some damage to the frame. He would like to replace it before sending it on to LA. Because of this unanticipated problem and the short time frame, LACMA will now borrow EM Arena I for their show.

Along the way, the two images were confused, and I gave you the price of I not II. As we have never had either of them in our inventory before, I didn't think to double-check. Mea culpa! I attach them now for your reference.

Because of all this, Andreas would like to give you the choice of acquiring either work, both from his own archive. However, I want you to be aware that the price of EM Arena I (which we sent to you labeled as EM Arena II) is EUR 100,000 higher than EM Arena II. (His decision, not ours). If you decide for the more expensive work, EM Arena I, Andreas would like to offer you a 10% discount. EM Arena II remains at the price

Michael dicussed this is Michael Govan at the LACMA

ML: think i should buy the gursky soccer photo, he offered it cheaply, I have been helping him on his superhero photos.

MG: You're a fan right? I think they're nice. The field from above?

ML: hmmm, a lot for just nice.

MG: How much?

ML: 330euro

MG: It's a strange world where that's a bargain for a photograph. You can
buy an important Chinese painting from the 16th century for the same
money. But over the next 20 years the Gursky may appreciate more. In
any case it depends on how much you like it. I do think many of his
images are really amazing and are rivals to paintings of times past.

While Louise was talking to Dan Buckley,

Thanks for the most helpful discussion yesterday regarding Andreas Gursky's request to use images from Spiderman in the production of his new photographic works. I have set out the project below as you requested. Regarding the Ironman production still that has been used for the first image, Andreas's studio confirms that the request was made to Louis Esposito, Executive Director of Iron Man, and processed and approved by Erika Denton, Director of Clearances and Clip & Licensing at Marvel. No licensing fee was incurred, but in return for this permission, Andreas offered a smaller format print of the finished photograph. If you agree, he would be happy to offer the same for the Spiderman image in lieu of a licensing fee.

But if he didn't agree, here's how much Marvel would benefit.

MARVEL TERMS AS STARTING POINT LISTED BELOW

1) Royalty: 10% of the sales price to be paid to Marvel

2) Rights: Two images (Iron Man/Pepper Potts and Spider-Man in black costume) for use in physical photo prints. 6 copies of each edition.

3) Territory: Worldwide

4) Approvals: Marvel reserves approval rights on how Marvel images are portrayed in final product.

5) Intellectual Property: Marvel reserves ownership in the Marvel elements of the work.

6) Restrictions: Images cannot be used on any other merchandise or publications for sale without Marvel approval. Images cannot be used without commercially without Marvel prior approval. If art is displayed in any museums or galleries, then Marvel will be notified for review and approval.

Ad Michael also helped Louise out with DC Comics, as she was getting stymied there.

Dear Louise,
I just spoke with Kevin Tsujihara who is Chief Executive of Warner Brothers and he said he and Diane Nelson, who runs DC Comics would consider your note separate from Chuck's decision.
I will be connecting the two of you by email along with your proposal and you should be in direct communication with him.
He is inclined to do this.

DC Entertainment president Diane contacted Michael, saying,

Hope you're doing well! Kevin has made me aware of a conversation you and Chuck Roven apparently had about use of DC Super Heroes in a work or works by Andreas Gursky.

I'd love to learn a little more about what's being proposed (particularly to clarify whether we are being asked to consider Batman or Superman, as there's some question of that among us), to what extent the work would require a film production image vs. another classic still image for modification, timing, etc.

With your support, I will reach out over email to Louise Neri. Once I have a little more information on what's being proposed, I can work with Kevin, Chuck and any other interested parties to s…

That's where it cuts off. But Louise spoke well of the meetings,

Weren't you in New York for the Spiderman premiere?
We're destined never to meet….
BTW, Diane Nelson was almost as wonderful as you for the DC/Warner negotiation.
Thanks again for making that ha[pen.

Michael was worried about his own finances. He spoke to Michael Moritz

Would you consider splitting a gursky football photo. I can buy the one hanging in LACMA at a good price. I did him a couple of favors. Series all sold. It is his copy. Hope all is well. What are your summer plans? Ours are Baltic cities in early July and a bit if Italy after.

I will get you a copy of the Jobs script. You are in it but I have sorkin's word you are coming out. Danny Boyle to direct and Leonardo decaprio playing jobs.

Not even the removal of Moritz from Aaron Sorkin's movie about Steve Jobs would persuade him.

i did – probably not for us but thanks, as always, for raising the idea,

So it was time to break the news to Lousie,

Thinking again about that gursky football pitch before it leaves. How much did you say it was?

Louise laid out the numbers,

Glad you are considering EM Arena I, as it's definitely a great work and there won't be another opportunity, particularly with it on your doorstep!
As the work is in LA, it would be invoiced from there.
The price is EUR 410,000 less 10%, which includes the supply of the climate-control crate. CA sales tax will be 9-10%.
Let me know as soon as you can, as I know Andreas is keen for you to have it.
We're inching along with DC/Warner, which was not as smooth as Marvel/Sony, but nevertheless all will soon be resolved.

But time was passing…

I don't want to press you, but as the closing date of the show is drawing near, I need to know your decision on EM Arena I
so that I can inform everyone accordingly.
As I mentioned to you, another LACMA trustee has expressed interest in acquiring it, so if you don't want it, I will pursue Andreas's permission for this alternative.

At least tat gave Michael a way out.

I am sorry to put you in an awkward position. I have thought about this a lot and I just don't have the wall space for it and shouldn't buy it now. I think its best if you sell it to the other lacma trustee. M

Still it looks like he got a Gurskey after all, as in November 2014, David Diamond e-mailed to say

I am writing on behalf of Louise to let you know that the Gursky studio has confirmed the pickup of the gift print for Michael. It is scheduled to arrive with the US shipping agent on Monday, and they have your details to confirm the delivery.

It should have looked a little like this…