Acquisition of Lindy Lee's artwork Life of stars in 2018

Mathieu Briand made this Freedom of Information request to Art Gallery of South Australia

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The request was successful.

Dear Art Gallery of South Australia,
I have read with interest the recent acquisition you did. https://www.agsa.sa.gov.au/collection-pu...
I would be interested to have more informations about the process of this acquisition.
Who (in details) decided of this acquisition?

I read in the newspaper you paid 550 000 AUD for it.
How (in details) is the price justified?

I am seeking a copy of the contract/invoice.
and all other informations who could help me to understand the process.

thank you for your help

Yours faithfully,

Mathieu Briand
www.mathieubriand.com
www.u-coa.com

I acknowledge the Yalukit Willam clan of the Boon Wurrung – as the Traditional Owners of Port Phillip, the land on which I work, and I pay my respects to all Aboriginal and Torres Strait Islander people and their Elders past, present and future.

AGSA:agsainformation, Art Gallery of South Australia

2 Attachments

Dear Mathieu,
Thank you for your enquiry regarding the acquisition of our Lindy Lee
'Life of Stars'
 I have forwarded your email onto our curatorial department for their
considered response. Time permitting, you should expect an email
addressing your request from them soon.
Many thanks, 
Kim

 

Kim Watson

Front of House Officer

Art Gallery of South Australia

North Terrace Adelaide SA 5000

T +61 8 8207 7008

[1][email address]

 

AGSA Kaurna yartangka yuwanthi. AGSA stands on Kaurna land.

DISCLAIMER AND TERMS GOVERNING ELECTRONIC COMMUNICATIONS    

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--------------------------------------------------------------------------

From: Mathieu Briand <[FOI #8546 email]>
Sent: Thursday, March 3, 2022 12:03 PM
To: AGSA:agsainformation <[Art Gallery of South Australia request email]>
Subject: Freedom of Information request - Acquisition of Lindy Lee's
artwork Life of stars in 2018
 
Dear Art Gallery of South Australia,

I have read with interest the recent acquisition you did.
[2]https://aus01.safelinks.protection.outlo...

I would be interested to have more informations about the process of this
acquisition.

Who (in details) decided of this acquisition?

I read in the newspaper you paid 550 000 AUD for it.

How (in details) is the price justified?

I am seeking a copy of the contract/invoice.

and all other informations who could help me to understand the process.

thank you for your help

Yours faithfully,

Mathieu Briand

[3]https://aus01.safelinks.protection.outlo...

[4]https://aus01.safelinks.protection.outlo...

I acknowledge the Yalukit Willam clan of the Boon Wurrung – as the
Traditional Owners of Port Phillip, the land on which I work, and I pay my
respects to all Aboriginal and Torres Strait Islander people and their
Elders past, present and future.

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #8546 email]

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Information requests to Art Gallery of South Australia? If so, please
contact us using this form:

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Dear AGSA:agsainformation,
in regards of your acquisition policy

Could you please send me
-Purchase Agreement between AGSA and artist/artist representative.
-Members names of the AGSA’s Acquisitions Committee at this time.
-Members names of the AGSA’s Board at this time.
-Acquisitions Committee’s papers.

Thank you for your help

Yours sincerely,

Mathieu Briand

AGSA:agsainformation, Art Gallery of South Australia

2 Attachments

Hello Mathieu,
Thank you for contacting the Art Gallery of South Australia.
Your below correspondence has been forwarded to the Directorate for their
attention.
With kind regards,
Lauren

Front of House

Art Gallery of South Australia

Kaurna Country

North Terrace Adelaide SA 5000

T +61 8 8207 7000

E [email address]

 

AGSA Kaurna yartangka yuwanthi. AGSA stands on Kaurna land.

DISCLAIMER AND TERMS GOVERNING ELECTRONIC COMMUNICATIONS    

This email may contain information that is confidential, subject to legal
privilege or public interest immunity. If you are not the intended
recipient, any use, disclosure or copying of this transmission (or any
attached documents) is unauthorised. If you receive the email in error,
please notify the sender and delete the material from any computer. Please
consider the environment before printing this email.

show quoted sections

 From: Mathieu Briand <[FOI #8546 email]>

 Sent: Thursday, March 3, 2022 12:03 PM

 To: AGSA:agsainformation <[Art Gallery of South Australia request email]>

 Subject: Freedom of Information request - Acquisition of Lindy Lee's

 artwork Life of stars in 2018

  

 Dear Art Gallery of South Australia,

 I have read with interest the recent acquisition you did.

 [2]https://aus01.safelinks.protection.outlo...

 I would be interested to have more informations about the process of this

 acquisition.

 Who (in details) decided of this acquisition?

 I read in the newspaper you paid 550 000 AUD for it.

 How (in details) is the price justified?

 I am seeking a copy of the contract/invoice.

 and all other informations who could help me to understand the process.

 thank you for your help

 Yours faithfully,

 Mathieu Briand

 [3]https://aus01.safelinks.protection.outlo...

 [4]https://aus01.safelinks.protection.outlo...

 I acknowledge the Yalukit Willam clan of the Boon Wurrung – as the

 Traditional Owners of Port Phillip, the land on which I work, and I pay
my

 respects to all Aboriginal and Torres Strait Islander people and their

 Elders past, present and future.

 -------------------------------------------------------------------

 Please use this email address for all replies to this request:

 [FOI #8546 email]

 Is [Art Gallery of South Australia request email] the wrong address for
Freedom of

 Information requests to Art Gallery of South Australia? If so, please

 contact us using this form:

 [5]https://aus01.safelinks.protection.outlo...

 This request has been made by an individual using Right to Know. This

 message and any reply that you make will be published on the internet.

 More information on how Right to Know works can be found at:

 [6]https://aus01.safelinks.protection.outlo...

 Please note that in some cases publication of requests and responses will

 be delayed.

 If you find this service useful as an FOI officer, please ask your web

 manager to link to us from your organisation's FOI page.

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-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #8546 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[7]https://aus01.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

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Dear AGSA:agsainformation,

thank you for your messages.
I hope what i am asking will be taking in serious consideration.
my time is also important.

Yours sincerely,

Mathieu Briand

AGSA:agsainformation, Art Gallery of South Australia

2 Attachments

Dear Mathieu,
Thank you for your email requesting further information regarding the
acquisition process for Lindy Lee’s ‘Life of Stars’ sculpture by AGSA.
This work of art, like all proposed acquisitions underwent a rigorous
process of due diligence and reporting to the AGSA board to assess the
suitability of the work for the collection.
When an acquisition is proposed by the Director and curators, the curator
responsible for that collection area compiles a detailed report about the
artist, the work of art, it’s potential significance for the collection,
and due diligence around the seller, the cost of the work, and what the
funding source and payment plan is. The proposed acquisition is first
presented to the Director at an internal acquisitions meeting, for
approval or rejection before being presented formally at a Board meeting.
If approved by the Board the decision to acquire is then ratified in the
meeting and accessioned into the collection. At AGSA the acquisitions
budget for the gallery is raised entirely by fundraising supported through
private donations, bequests and campaigns.
You asked about how a price of a work of art is decided – in the case of
contemporary artists and primary markets this is set by the artist’s
representative galleries or agents, and where relevant, is affected by the
cost of fabrication – the materials and labour required to create the work
of art.  Sales prices are based on previous sales of the artist and then
specific to the work in question.
I hope this helps understand the process behind acquisitions.
If you would prefer a phone call to discuss in further detail, please let
us know your preferred number.
Kind regards,

Art Gallery of South Australia

Kaurna Country

North Terrace Adelaide SA 5000

T +61 8 8207 7000

E [email address]

 

AGSA Kaurna yartangka yuwanthi. AGSA stands on Kaurna land.

DISCLAIMER AND TERMS GOVERNING ELECTRONIC COMMUNICATIONS    

This email may contain information that is confidential, subject to legal
privilege or public interest immunity. If you are not the intended
recipient, any use, disclosure or copying of this transmission (or any
attached documents) is unauthorised. If you receive the email in error,
please notify the sender and delete the material from any computer. Please
consider the environment before printing this email.

Dear AGSA:agsainformation,
Thank you for your reply.

I know the valuation is based on a retail price for contemporary artits in Australia.
It is unique in the world.
but from your acquisition policy
6.2 Valuations and Acquisition Funding

• To ensure that all proposed acquisitions and loans to the collection are properly
attributed and valued, so that AGSA is not exposed to the legal and financial risks of acquiring improperly valued or priced works.

----------
The seller is free to ask any price but I wonder what justifies the museum accepting such a price?
I understand your general answer, but I would like more details. It's 550,000 AUD.

" is affected by the cost of fabrication – the materials and labour required to create the work of art. "
Regarding the cost of production, I have produced many ambitious productions over the past 25 years. The last one was with MONA and the next one will be show at Pompidou in October.
I am also working with a fundery and i can say the price of production of such a work is 50 000 AUD in China (where it has been made) and 100 000 AUD in Australia. +_20%

"Sales prices are based on previous sales of the artist and then specific to the work in question."
On public auction her work went from 1390 Euros (1997) to 5447 euros (2021)with a record at 5 923 euros in 2014 most expensive.

For these reasons and because I have also been a collector for 30 years, I wonder what the price of this acquisition can be justified on.

Because the work was "Acquired through the James and Diana Ramsay Fund 2018 to honor the achievements of Nick Mitzevich, Director of the Art Gallery of South Australia 2010-2018"

I would be happy to know who proposed this work for acquisition.
I would be happy to know if there were any declared conflict of interest minuted by the Acquisitions Committee.

Also I would like to know why it is not notified on the public file of the work on your website that it is an edition of 5+2?
https://www.agsa.sa.gov.au/collection-pu...

For all these reasons and other that i will not exposed in this message, i would like to have the purchase agreement between AGSA and the artist/representative of the artist and other documents who could help me to understand.

Thanks a lot for your help

Mathieu Briand

AGSA:agsainformation, Art Gallery of South Australia

2 Attachments

Dear Mathieu,

Thank you for your email and recent correspondence. Please find answers
highlighted in bold to your specific enquiries below:

-

Dear AGSA:agsainformation,
Thank you for your reply.

I know the valuation is based on a retail price for contemporary artits in
Australia.
It is unique in the world.
but from your acquisition policy
6.2 Valuations and Acquisition Funding

• To ensure that all proposed acquisitions and loans to the collection are
properly
attributed and valued, so that AGSA is not exposed to the legal and
financial risks of acquiring improperly valued or priced works.

show quoted sections

From: Mathieu Briand <[FOI #8546 email]>
Sent: 18 March 2022 4:21 PM
To: AGSA:agsainformation <[email address]>
Subject: Re: Freedom of Information request - Acquisition of Lindy Lee's
artwork Life of stars in 2018
 
Dear AGSA:agsainformation,

Thank you for your reply.

I know the valuation is based on a retail price for contemporary artits in
Australia.

It is unique in the world.

but from your acquisition policy

6.2     Valuations and Acquisition Funding

•       To ensure that all proposed acquisitions and loans to the
collection are properly

attributed and valued, so that AGSA is not exposed to the legal and
financial risks of acquiring improperly valued or priced works.

----------

The seller is free to ask any price but I wonder what justifies the museum
accepting such a price?

I understand your general answer, but I would like more details. It's
550,000 AUD.

" is affected by the cost of fabrication – the materials and labour
required to create the work of art. "

Regarding the cost of production, I have produced many ambitious
productions over the past 25 years. The last one was with MONA and the
next one will be show at Pompidou in October.

I am also working with a fundery  and i can say the price of production of
such a work is 50 000 AUD in China (where it has been made) and 100 000
AUD in Australia. +_20%

"Sales prices are based on previous sales of the artist and then specific
to the work in question."

On public auction her work went from 1390 Euros (1997) to 5447 euros 
(2021)with a record at 5 923 euros in 2014 most expensive.

For these reasons and because I have also been a collector for 30 years, I
wonder what the price of this acquisition can be justified on.

Because the work was "Acquired through the James and Diana Ramsay Fund
2018 to honor the achievements of Nick Mitzevich, Director of the Art
Gallery of South Australia 2010-2018"

I would be happy to know who proposed this work for acquisition.

I would be happy to know if there were any declared conflict of interest
minuted by the Acquisitions Committee.

Also I would like to know why it is not notified on the public file of the
work on your website that it is an edition of 5+2?

[2]https://aus01.safelinks.protection.outlo...

For all these reasons and other that i will not exposed in this message, i
would like to have the purchase agreement between AGSA and the
artist/representative of the artist and other documents who could help me
to understand.

Thanks a lot for your help

Mathieu Briand

show quoted sections

Dear AGSA:agsainformation,
--------------------------------------------------------------------
You are correct that the work was created Urban Art Projects (UAP) in
their Shanghai foundry. Six metres in height and with a weight of
approximately one tonne of stainless steel, Life of Stars is a polished,
hollow oval form which is perforated with approximately 80,000 circular
holes of varying sizes. Each dot was hand-marked by the artist in-situ
over many weeks, then drilled by the fabricators. It is a substantial
undertaking in material, time and labour of the artist as well as the
designer and technicians to create, construct and install a work of this
scale and sophistication.

Me=
This is not relevant. If you have a qote please pass it to me. This are just words.
------------------------------------------------------------------------
Having reviewed Lindy Lee’s recent auction results, these prices are for
works by the artist which are not comparable in scale, material or period
to Life of Stars.

Me=
So you can compare to what? All her “big works” has been sold to corporate company oversea no one museums!

If you like to compare
you must know that s the edition number 1 has been produced by UAP in China for Ting Hsin International Group who has been recognised several times guilty for different frauds
https://en.wikipedia.org/wiki/Ting_Hsin_...

Ting Hsin International Group is not really MOMA, POMPIDOU or other international standard museum.
No one since 2015 asked for the edition number 3. Strange .
-----------------------------------------------------------------------------------------------------
AGSA felt that Life of Stars represents a significant
work of art in Australian Chinese artist Lindy Lee’s forty year practice
and the price was comparable to those of works by artists of her standing
internationally and nationally.

Me=
I am a professional I use tools when I don t know. I don t believe words without facts.
And I know how to read a cv..
Here facts :
Refer to her CV from her commercial gallery

Lindy Lee “show” her work “solo” over sea two times in 36 years !!!
NO ONE survey in a oversea international museum no one !
Almost all her group show oversea was with one of her commercial gallery!

I am sorry but she has 0 presence outside Australia and you can t compare her with other international artists. She is not part of this. Showing with your commercial gallery oversea doesn t establish you.

In Australia
She is in not in 10 top Females Australian Artists or top 10 Australian Artists or top 100 000 International Artist. This is fact.

ME=
Like you don t want to pass me the document I am seeking, yes I will ask Department of Premier and the Cabinet of the South Australian Government.

Do I have also to asked them for the gift agreement (for tax incentives)
you did with Lindy Lee the same year 2018?
I will be very interested by the value of this series

Yours sincerely,

Mathieu Briand

Dear AGSA:agsainformation,

the answer from Department of Premier and the Cabinet of the South Australian Government.

"Thank you for your Freedom of Information request made to the Department
of the Premier and Cabinet in South Australia (DPC). The Art Gallery of
South Australia (AGSA) is a statutory authority sitting withing the
structure of DPC, however they provide their own determinations under the
Freedom of Information Act 1991 (the Act).

The DPC has no role in handling FOI requests made to AGSA as they are
considered their own agency under the Act."

Following this answer
-Could you please send me the acquisition agreement of Lindy Lee Life of stars 2018.

I noticed that Lindy Lee gave to the museum a serie of works through the Australian Government’s Cultural Gift Program in 2018.
"The Cultural Gifts Program offers tax incentives to encourage people to donate cultural items to Australian public collectiing institutions."
-I am seeking the gift agreement between the museum and the artist.

I just have to remind you that is a right to have access to this documents.

Yours sincerely,

Mathieu Briand

Dear Art Gallery of South Australia,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Art Gallery of South Australia's handling of my FOI request 'Acquisition of Lindy Lee's artwork Life of stars in 2018'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...

Yours faithfully,

Mathieu Briand