By Michael Fox, on 01-Jun-2010

An Australian world record price was made at the Phillips de Pury New York evening art auction in early May when a rare Lockheed Lounge from 1988 by Australian born designer Mark Newson, sold for $US2.1 million, far exceeding its pre-sale estimates of $US1 million to $US1.5 million. There are a number of interesting aspects about this result, in relation to the  introduction of the Artists' Resale Royalty from June 9, 2010:

1. The Lockheed Lounge is not specifically defined as an artwork under the resale royalty legislation - it might be better described as decorative furniture and hence exempt from resale royalties even though each prototype is now worth more than $1million a piece.

2. Mark Newson is known as a designer and not an artist - but the term ‘artist’ is not actually defined in the resale royalty legislation.

3. The United States does not have resale royalty legislation so there would be no royalties payable in any event (assuming that this sale occurred post June 9 and was the first commercial resale etc).

4. In Australia there have only been 6 artwork sales by Australian artists at auction that have exceeded the amount realised for the Newson Lockheed Lounge.

About The Author

Michael Fox is a Senior Accountant at Lowensteins Arts Management and an Associate Member of the Auctioneers and Valuers Association of Australia. He was previously the Queensland Curator for Joel Fine Art and operated Fox Galleries in Brisbane from 1998 to 2006. For more information about this issue please contact Michael at the Melbourne office of Lowensteins on 03 9529 3800 or email any queries to michaelf@lowensteinsarts.com.au. www.lowensteinsarts.com.au