The responsibility of educational institutions in preventing students from using pirated software

The academic environment is essential for shaping responsible professionals and citizens. That’s why respect for legality and intellectual property must be an integral part of institutional routines. A frequent issue in technical and higher education programs is the use of pirated software by students during practical activities. While this might seem like an individual act of misconduct, it can have direct legal consequences for the educational institution, particularly when it occurs within supervised environments or with institutional knowledge.

In such cases, civil liability may arise from the concept of culpa in vigilando (a failure in the duty to supervise those under one’s authority or care). Article 932, item III, of the Brazilian Civil Code holds teachers and artisans liable for the actions of their disciples, apprentices, and servants in the course of their duties. Although the provision does not explicitly mention educational institutions, legal scholars and courts in Brazil have interpreted its scope to extend to these entities, especially when they provide the structure, tools, and academic guidance where the infringement takes place.

This interpretation was applied, for example, in the case of Universidade Estácio de Sá, which was ordered to pay compensation to Autodesk, the software rights holder, after students were found using pirated versions in academic settings. In case no. 2007.51.01.807988-6, the Federal Court found that the university failed in its oversight duties and omitted preventive measures, thus becoming liable for not stopping the copyright infringement under its domain.

Given this context, it is crucial for institutions to adopt preventive actions to stop the use of unlicensed software in their premises or supervised educational activities. These measures include acquiring valid software licenses, establishing internal digital compliance policies, educating teachers and students about legal software use, and conducting regular audits. Partnering with software vendors that offer discounted or free educational licenses is also an effective way to ensure legal access to essential tools.

Such measures are not only a safeguard against legal and financial risks but also a demonstration of the institution’s ethical and social responsibility. Combating piracy should be part of the educational mission, contributing to the formation of responsible professionals and the development of a society based on respect for intellectual property rights.