ABCs of Art Law: E is for Ethics
November 20, 2024
About the Event
This event was an exploration of the ethical challenges faced by key players in the art market. Our panel of experts, representing diverse sectors, shared insights into the unique ethical dilemmas encountered in their fields.
Linda Selvin, Executive Director of the Appraisers Association of America, addressed the appraisers’ Code of Ethics and the ethical responsibilities in valuation. Sharon Flescher, former Executive Director of IFAR, then discussed issues of authenticity in art, drawing on her experience as a witness in the Knoedler trial. Eden Burgess, partner at Schindler Cohen & Hochman LLP, specializing in art and cultural heritage law, explained how legal ethics apply to art-related matters, emphasizing the special considerations required in the field. Gabriella Corey, currently completing her Ph.D. on ethical decision-making in auction houses at the University of Maastricht, finally concluded using Christie’s Heidi Horten sale to highlight the ethical challenges in auction practices. The discussion wwas moderated by Irina Tarsis, Founding Director of the Center for Art Law.
By the end of the event, participants will have a deeper understanding of how ethical principles shape the art market, influencing the relationships between artists, attorneys, auction houses, and appraisers. They will also gain insight into the codes of conduct and legal obligations that govern the industry, as well as how concepts like confidentiality can serve as both a necessity and a challenge in professional practice.
About the Speakers
Linda Selvin
Linda Selvin is the Executive Director of the Appraisers Association of America, the premier association of the fine and decorative arts and collectables. Linda has 25 years of experience in the visual arts and association management. She began her career as the Gallery Manager of the Newhouse Center for Contemporary Art, and went on to become the Program Officer at the Pollock-Krasner Foundation, distributing funds internationally to artists of both merit and need. For 10 years, she served as the Executive Director of the New York Branch of the International Dyslexia Association. Linda holds a Bachelor of Science from Wagner College and a Master’s in Public Administration from Baruch College, CUNY. She has been a guest lecturer both nationally and internationally and since 2019 has been an Adjunct Instructor in the graduate program of Visual Arts Administration Program at NYU’s Steinhardt School of Culture, Education and Human Development. She is currently the Chair of The Appraisal Foundation’s Advisory Council (TAFAC) based in Washington D.C. and a member of their Personal Property Issues Committee. Linda is also a member of ArtTable and PIAMA.
Sharon Flescher
Sharon Flescher served as Executive Director of the International Foundation for Art Research (IFAR) and Editor-in-Chief of the quarterly IFAR Journal from 1998 to the end of 2023. Sharon also served as Project Director of IFAR’s Catalogue Raisonné Database and the Art Law & Cultural Property Database. Prior to joining IFAR, Sharon was Director of Grants and Programs at The Equitable (now AXA) Foundation; a Program Officer at National Endowment for the Humanities, and Director of Institutional Relations at the Central Park Conservancy. She also taught at Brooklyn College, the City University of New York, and worked at the Metropolitan Museum of Art. Dr. Flescher holds a Master Degree in English literature, a Ph.D. in art history from Columbia University, and a M.B.A. from the Wharton School of Business. She is also an Adjunct Associate Professor at New York University (NYU). Dr. Flescher has served on advisory roundtables for the U.S. State Department, the CIA, and the National Archives and Records Administration.
Eden Burgess
Eden Burgess practices in the areas of art and cultural heritage law, commercial litigation, intellectual property, and not-for-profit organizations. Eden is Of Counsel in Schindler, Cogen & Hochman’s Art Law Group. She has focused her legal career on cultural heritage, the arts, and historic preservation. Eden represents a diverse array of clients, including museums, auction houses, collectors, foreign states, nonprofits, Holocaust victims and their heirs, and Native American tribes. Eden has litigated and resolved complex claims involving Nazi seizures, wartime looting, forced sales, and thefts, and has also assisted clients with the maintenance and management of their collections and advises on the purchase, sale, and auction of cultural objects. She has helped tribes pursue repatriation of tribal objects that were stolen or taken by force. Eden regularly writes, teaches, and speaks publicly about a variety of art and cultural heritage law-related topics. She served as an Adjunct Professor and Professorial Lecturer in Law at The George Washington University Law School, teaching the seminar “Art, Cultural Heritage, and the Law” and supporting the Advanced Field Placement Program. She sat on the Board of Directors of the Foundation for Advancement in Conservation, and is a member of both the DC chapter of ArtTable, the foremost professional organization dedicated to advancing leadership and fostering opportunities for women in the arts, and the Lawyers’ Committee for Cultural Heritage Preservation.
Gabriella Corey
Gabriella Moretti is a PhD Candidate with the University of Maastricht and is writing her thesis on ethical decision making in the art market. She was a restitution researcher at both Sothebys and Christie’s auction houses. She has guest lectured on the topic of community-driven cultural heritage protection and provenance research at Texas Tech, West Point Naval Academy, and the Association for Research into Crimes against Art. She holds a MLitt in Art and Architectural History from the University of Glasgow and a certification from the Smithsonian Cultural Rescue Institute having completed the Army Monuments Officer Training program in 2021.
Handouts and Reading Material
Read the handouts HERE.
