Client Nonpayment
This guide walks you through the steps to take when a client doesn't pay, provides sample language you can use, and helps you understand when it's time to bring in outside help.
Steps to take when your payment has not been received in the time requested. Be sure to keep accurate records of all communications.
Review Your Contract and Invoice
Confirm the payment terms outlined in your contract: due date, late fees, and any penalty clauses
Verify your invoice was sent to the correct contact and billing address (physical and email address)
Confirm the invoice amount is accurate and matches the agreed scope
Note any kill fee or late payment interest language that may apply
Confirm if your contract includes a provision allowing you to recover your legal fees in connection with collection efforts. This can be a powerful tool to incentivize clients to pay late or unpaid invoices.
Send a Friendly Payment Reminder
Send a polite follow-up email within 1–3 days of the missed due date
Keep the tone professional and assume good faith. Payments are sometimes delayed by accounting departments, not the client
Reference the invoice number, amount, and original due date
See sample language below
Send a Formal Follow-Up
If no response within 5–7 business days, escalate your tone
Reference your contract and the specific payment terms that have been breached
Clearly state the outstanding amount and a new deadline for payment
Notify the client of any late fees that are now accruing
Send via email and consider a follow-up phone call
Send a Demand Letter
If the formal follow-up goes unanswered, send a written demand letter
A demand letter is a formal notice that payment is required and legal action may follow if not received
Include the invoice number, amount owed, original due date, and a final deadline (typically 10–14 days)
Send via certified mail in addition to email to create a documented record
At this stage, consider having an attorney review or draft the letter on your behalf
See sample language below
Decide: Collections Agency or Attorney?
If the deadline passes with no payment, you have two paths: see the full guidance section below
A collections agency is typically used for smaller, clear-cut debts
An attorney is recommended for larger amounts, complex situations, or when legal action may be necessary
Do not wait too long. Statutes of limitations apply to contract disputes and vary by state
Collections Agency vs. Attorney
If your demand letter has gone unanswered, it’s time to decide your next step. Here are some options to consider.
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Important: Statutes of limitations on contract disputes vary by state, typically 3 to 6 years. Do not wait too long to take action, as you may lose your legal right to recover payment.
New York: Freelance Isn't Free Act
If you are based in New York City or worked on a project there, you may have additional legal protections under the Freelance Isn't Free Act, one of the strongest freelancer protection laws in the country.
What It Covers
• Freelance contracts of $800 or more (or multiple contracts totaling $800 within 120 days) must be in writing
• Clients must pay by the date specified in the contract, or within 30 days of completing the work if no date is specified
• Clients cannot retaliate against freelancers for exercising their rights under this law
How to File a Complaint
If a client has not paid and you are covered under this act, you can file a complaint with the NYC Department of Consumer and Worker Protection (DCWP):
Learn more about the Freelance Isn't Free Act
File a complaint with the NY Attorney General
What Happens If the Hiring Party Does Not Respond
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DCWP's Navigation Program can help you find a lawyer, understand the court process, and connect you with additional resources:
Court Navigation Program Guide
Legal Referrals List - attorneys who handle Freelance Isn't Free cases
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California’s Freelance Worker Protection Action
If you are based in California or worked on a project there, you may have additional legal protections under the Freelance Workers Protection Act.
What It Covers
“Freelance workers” include individuals and single-person organizations hired as independent contractors in exchange for compensation of $250 or more — either under a single contract or when aggregated with all contracts between the same parties during the preceding 120 days.
Freelance contracts must be in writing and include the following:
The name and mailing address of each party
An itemized list of all services to be provided, including the value of the services and the rate and method of compensation.
The date by which compensation must be paid, or the mechanism for determining that date.
The date by which the freelance worker must submit a list of services rendered to meet the hiring party's internal processing deadlines.
Clients must pay by the date specified in the contract, or within 30 days of completing the work if no date is specified
Clients cannot retaliate against freelancers for exercising their rights under this law
A Client’s failure to comply with the Act may entitle the freelance worker to enhanced damages and penalties, as well as legal fees.
Image Use & Copyright Infringement
When a client fails to pay for delivered work, their right to use those images may be affected. Photographers and their representatives should be aware of the following:License RevocationA note on license revocation:The right to revoke a license upon nonpayment is not automatic in every situation, it depends on the terms of your contract. Here's how to make sure you're protected:
To ensure revocation is available to you:
Include explicit license revocation language in your contract, Your agreement should state clearly that the license to use the delivered images is contingent upon payment in full, and that the license is automatically revoked if payment is not received by a specified date
Avoid transferring copyright ownership. If your contract transfers copyright rather than licenses it, revocation becomes much more complicated. Always license your work rather than assign copyright unless specifically negotiated otherwise
Specify the license terms clearly. The scope, duration, and conditions of the license should be spelled out in your contract so there is no ambiguity about when and how it can be revoked
Register your work with the U.S. Copyright Office. Registration strengthens your legal position significantly if you need to pursue infringement claims after revoking a license
If you're unsure whether revocation applies to your situation:
Review your contract language with a qualified attorney before sending any revocation notice
Do not assume revocation is available just because payment hasn't been received. The right to revoke must be established in your agreement
Contact your attorney or an AMA legal partner for guidance specific to your contract and circumstances
Copyright InfringementIf a client continues to use images after the license has been revoked or never had a valid license due to nonpayment, the photographer may have grounds to pursue a copyright infringement claim. This can include:
Actual damages, such as the photographer’s negotiated or standard license fee
Statutory damages of up to $750 to $30,000 per work infringed, or up to $150,000 if the infringement is found to be willful and the work was timely registered with the U.S. Copyright Office
Recovery of attorney's fees and court costs if the work was timely registered with the U.S. Copyright Office
Injunctive relief - a court order requiring the client to immediately stop using the images
Why Timely Copyright Registration MattersRegistering your work with the U.S. Copyright Office significantly strengthens your position in any infringement claim. Registration prior to infringement unlocks the ability to pursue statutory damages and attorney's fees, making it a critical step for any photographer doing commercial work.
Sample Revocation Notice Language"This letter serves as formal notice that due to nonpayment of Invoice #[NUMBER], your license to use the images delivered in connection with [PROJECT NAME] is hereby revoked effective immediately. Any continued use of these images without a valid license is unauthorized and may constitute copyright infringement under 17 U.S.C. § 501. We reserve all rights and remedies available under applicable law."
Note: This guidance is informational only and does not constitute legal advice. Please consult a qualified attorney before pursuing any copyright infringement claim.
The following AMA Partners may be able to assist with nonpayment situations. Please reach out to them directly and mention your AMA membership.
Cypress LLP | Doug Roy, doug@cypressllp.com
Esther Grace Law | Emilie Pitts, emilie@esthergracelaw.com
ImageRights can help photographers register their copyright with the US Copyright Office (USCO).
ImageRights | Joe Naylor, contact@imagerights.com