A client is using my work without paying — your legal options as a freelancer
If your IP is being used without payment, here's what you can actually do about it.
This is one of the worst situations a freelancer can face. You delivered the work, the client is using it — on their website, in their marketing, in their product — but they haven't paid. Here's what you can do.
Step 1: Document everything
Screenshots of your work being used, the original files you delivered, the invoice, the contract, and any communication about payment. Timestamp everything.
Step 2: Send a formal demand letter
This isn't a casual "hey, please pay" message. It's a formal legal notice citing the contract, the amount owed, and a deadline for payment. Our late payment demand letter template can help.
Step 3: Assert your IP rights
If your contract includes an IP transfer clause that transfers ownership upon full payment, you still own the work — and the client is using it without a license. Send a DMCA takedown notice if the work is online.
Step 4: Escalate legally
Small claims court (for amounts under $5,000–$10,000 depending on jurisdiction) is faster and cheaper than you might think. A lawyer's letter on firm letterhead often gets immediate results.
Prevention is the best cure: Always include an IP transfer-on-payment clause in your contract. This means the client has no legal right to use your work until they've paid in full. It's the single most powerful clause for protecting your creative work.
Our Pro templates include this clause by default. The free service agreement also includes a version of it. Don't start work without it.
Protect yourself with the right contract
Download free, lawyer-reviewed templates or upgrade to Pro for all clauses.