Intellectual property in the workplace: real risks for companies and employees

Respect for intellectual property rights, especially regarding the use of licensed software, is a critical obligation in today’s corporate environment. Installing or using unlicensed computer programs on devices connected to a company’s infrastructure not only violates copyright law but also exposes the company and its employees to serious legal, financial, and reputational consequences. What may seem like a small, informal act—such as downloading a program to facilitate a task or avoid the cost of a license—can result in serious damage to the organization.

Around the world, software developers have adopted License Compliance programs to detect and investigate unauthorized use of their products. These programs are technically robust and often supported by legal mechanisms that allow right holders to identify companies using pirated software, regardless of whether the act was intentional or negligent. Even if the unlicensed installation was performed by a single employee or contractor, the company can be held responsible, since it benefits from the outcome of the work environment in which the software is being used.

In Brazil, the use of unlicensed software constitutes a violation of Law No. 9.609/98 (Software Law) and Law No. 9.610/98 (Copyright Law), and can lead to civil and criminal penalties. Companies caught using pirated software may face fines, damages, asset seizures, or even criminal prosecution. Internally, such situations frequently lead to disciplinary actions, and if the misconduct is attributed to a specific employee, the employer may terminate the employment contract for just cause and seek reimbursement for damages caused.

There are precedents in Brazilian labor jurisprudence confirming that the unauthorized installation or use of software by an employee—without company consent—may justify dismissal for just cause. In one such decision, the Regional Labor Court of the 7th Region upheld the just cause termination of an employee who installed unauthorized programs that compromised information security and allowed improper remote access to company systems. The court found that the act breached the trust necessary to the employment relationship, thereby legitimizing the employer’s action.

Internationally, similar discussions have emerged. In the Canadian case Menard v. The Centre for International Governance Innovation, an employee was dismissed after downloading large amounts of movies, music, and TV shows using the company’s equipment. Although the court ultimately ruled that there was insufficient cause due to the absence of prior disciplinary warnings, it confirmed the inappropriate nature of the behavior and emphasized the importance of well-structured internal policies.

Given these risks, it is essential that companies establish and enforce clear rules regarding acceptable use of technology, including express prohibitions against the installation or use of unlicensed software. Regular training programs should educate employees and contractors about the legal and business risks associated with intellectual property violations. IT teams should also implement monitoring tools and access controls to detect and prevent unauthorized actions.

Employees, for their part, must act with responsibility and integrity. Using unlicensed software—even if with good intentions—can harm the company, expose it to audits, and trigger enforcement actions. The consequences can extend to the employee who committed the act, through termination, legal liability, and reputational damage. In the corporate environment, compliance with intellectual property rights is not optional—it is a shared duty and a legal necessity.