Found out my client was using my "rough draft" watermark as their actual logo on their website

I do web design for small businesses. Last month I was doing a routine check on a client's site I built 6 months ago. They had paid me for the final design but never actually launched. Turns out they took the JPEG I sent for feedback with a big red "DRAFT - NOT FINAL" watermark and just cropped it out. Their whole site has my watermark font and everything. I checked the Wayback Machine and found the draft preview I emailed them. How do you even respond to that without losing it?

3 comments

3 Comments

the_faith15d ago

Honestly I've been in this exact spot and it's so frustrating. First thing you need to do is send them a formal cease and desist email with a screenshot of the Wayback Machine proof attached. Make sure you reference your contract terms about draft materials not being for public use. Then invoice them for a full license fee plus a late fee since they used your work without paying for the final version. Ngl you gotta be firm but professional because if you let this slide they'll keep doing it to other designers. Tbh watermarking your drafts with embedded metadata in the file properties helps avoid this in the future too.

sam_cooper15d ago

That whole bit about the Wayback Machine is smart, actually. Did you have any trouble getting them to accept that as valid proof though? I've heard some clients argue Wayback screenshots aren't "real" evidence because they're just snapshots, not actual site files. Be interested to know how you handled that pushback if it came up. Also curious about the metadata trick you mentioned. Is that something you do manually on every draft file, or do you have like a template preset in your design software that auto-adds it? Cause I tried doing it once but kept forgetting until after I'd already sent files out. The late fee thing is risky too unless you've got it spelled out crystal clear in the original contract. Some clients will fight that hard if they think the draft use was just a mistake, not intentional theft.

aliceharris15d ago

Oh boy, I have to say I see this a little differently than the other folks here. While yes, it's frustrating and they clearly used your work without permission, jumping straight to a cease and desist and heavy late fees might backfire if you want to keep any kind of positive relationship. A lot of small business owners don't realize how serious watermark removal is - they might think of it as just using a placeholder. I'd start with a simple phone call first, explain why this is a problem legally and professionally, and give them a chance to make it right with a smaller re-licensing fee before you escalate. The Wayback Machine proof is solid, but you want them as a paying customer who respects you, not an enemy who feels ambushed.