A client "ghosts" your final invoice, but you see your code or designs live on their website. Is this legal?
In most cases: No. It is copyright infringement.
1. The "Payment as a Condition" Rule
Your contract must explicitly state: "Copyright and all intellectual property rights transfer to the Client ONLY upon receipt of full payment." If you need to verify this clause, use our AI Scanner now.
2. Why This is Your Strongest Leverage
If they use the work without paying, they don't own it. This means you can legally issue a DMCA Takedown Notice to their web host or social media platform to have the content removed.
3. Dealing with "Work for Hire"
Be careful. If you signed a Work Made for Hire agreement without the "Payment Condition" clause, they might own the work the moment you create it, regardless of payment. Always scan your contract before signing WMFH terms.
Frequently Asked Questions (FAQ)
Can I sue them for using unpaid work?
Yes. It is a dual-claim: Breach of Contract (for the unpaid invoice) and Copyright Infringement (for the unauthorized use).
Should I send a 'Cease and Desist'?
If they are ignoring your overdue emails, a formal Cease and Desist letter showing they don't own the IP is often the fastest way to get paid.
Does this apply to international clients?
Yes. International copyright treaties (like the Berne Convention) protect your work across borders, though enforcing it can be more complex.