Unpaid licence fees and usage charges: claiming payment for use
How unpaid licence fees, software charges or usage fees can be prepared and separated as a payment claim.
13 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Unpaid licence fees or usage charges are often harder to explain than an ordinary goods invoice. It must be clear what use was permitted, what amount was agreed and why exactly this balance remains open.
This article is not a general licence contract guide and not a page on injunctions or IP disputes. It covers the payment claim from agreed use of software, brand, work or other service.
This is general information and does not replace advice on an individual case. It helps structure contract basis, proof of use, billing, objections and the economically sensible next step.
Which use stands behind the open claim?
The orientation separates contract basis, proof of use and open balance.
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What matters most right now?
The next step depends on documents, due date, objections and economic sense.
Overview of all answers.
Make billing understandable
Contract, use period, billing model, invoices and payments should be combined in a concise overview.
Specify objections
If scope, authorisation or quality are disputed, use and contract must be allocated precisely.
Separate claims clearly
An open payment claim is not the same as an injunction or infringement case. The correct track should be separated early.
Legal review frame
Unpaid licence fees combine contract law and rights of use. For the payment claim, the key is what was agreed, what use occurred and when the charge became due.
Copyright or trademark questions may form the background. This article deliberately stays with the payment claim and does not allege infringement without review.
In business transactions, commercial correspondence, billing practice and framework agreements may matter.
Documents that now matter
Relevant documents include licence contract, offer, order, service description, proof of use, invoices, billing logic and previous correspondence.
For software or continuing use, period, user count, access, termination, renewal and price changes should be recorded separately. For brands or works, the exact permitted use matters.
A clear balance statement is more useful than generic pressure. Partial payments, credits and disputed positions should be separated.
Practical note: For licence fees, loud pressure rarely persuades. What matters is the clear link between contract, actual use, billing and open balance.
Distinction from the general licence contract
A general licence contract regulates rights, duties and future use. This article is narrower: an already accrued open payment obligation.
This avoids duplication with the general contract hub. Someone looking for contract drafting needs different information than a creditor with an open invoice from existing use.
If injunction, damages or handover are also possible, the payment claim should still be separated from those remedies.
How the firm reviews the next step
BRANDAUER Attorneys first review contract basis, use, billing, objections and economic sense of the next step.
The firm may then discuss a factual demand letter, settlement route, document supplement or court step.
The firm reviews your information and agrees the next step with you personally. If use is ongoing or timing is urgent, please also contact the firm by phone.
Frequent questions on unpaid licence fees
Are unpaid licence fees an ordinary claim?
They may be pursued as a payment claim, but need a clear presentation of contract, use, due date and open balance.
Must an infringement always be alleged?
No. This article covers agreed payment for use. Injunction or infringement claims must be reviewed separately.
Which documents should I collect first?
Licence contract, invoices, proof of use, billing, payment status and debtor objections are the core for first review.
Licence fees, Usage charges, Software, Brand, Copyright, Claim, Austria, BRANDAUER