The Art of the Lien: Another Way for Artists to get paid

If an artist improves a piece of personal property (like a sculpture, painting, jewelry) and they are not paid and they are in actual possession of the property, they can take an artisan lien on the property. For those that don’t know, a lien is a legal claim against a property. All jurisdictions recognize in some form of another recognize a possessor or artisanal lien. This is an artisan’s legal right to be paid for improvements they made to personal property.

Most jurisdictions (like Washington DC) codify artisanal lien. Generally, the artisan is allowed to retain personal property they improved until they receive full payment for a period of time after they give notice to owner of the property. § 40–307.02 of the DC code explains that an artisan is permitted to sell a piece of personal property of someone else at public auction that they improved if they were not paid what was agreed would be the cost of their services and:

1) They are still in actual possession of the property

2) They were not paid within a month of when the payment was due.

3) After giving notice once a week for 3 successive weeks in some daily newspaper published in the District.

5) The property is valued at $50 or less.

The proceeds from the same are used to pay the debt, the cost of the sale, and the remainder must return to the owner.

If the value of the personal property is greater than $50, the artisan can file a law suit and have a court force a sale under § 40–307.03 of the DC Code.

Why might an artist pursue an artisan lien as opposed to just suing for breach of contract? Retaining possession of the personal property allows artists to retain leverage and encourages property owners to pay. If you are an artist that has worked on someone else’s personal property and you were not paid, consult a licensed lawyer in your local jurisdiction before you hold on to someone else’s personal property.