SOPA, the “Stop Online Piracy Act” goes up for a vote in the House next week. The Protect IP Act (PIPA) goes in front of the Senate next week. The intention is to “protect intellectual property rights” and “go after online piracy”. We are all for protecting intellectual property. After all, we are in the business of building brands and identities. But these proposals are not the way to do it.

Both proposals go well beyond that intention and venture into the territory of censorship and government selection of which businesses stay in business. One analogy being used that we think is fitting is shutting down the auto industry because a bank robber drove away from a robbery in a car.

About the bills

Both bills attempt to address the issue of copyright/trademark infringement and the problem of online piracy. Cnet posted a good FAQ on “How SOPA would affect you: FAQ”, which outlines specifics of the bill and the potential impact. Reddit, which has led the awareness charge for SOPA, also has a good FAQ.

3 reasons why these are bad proposals:

1) Extreme penalties. The bills propose shutting down entire sites if someone deems content on a page to violate copyright laws. Which makes us ask: isn’t that what copyright laws already cover? Perhaps enforcing those laws might be a better course of action.

2) Our economy, like many world wide, is still in the tank. The internet offers one of very few growth sectors. According to the report “Internet matters: The Net’s sweeping impact on growth, jobs, and prosperity” published by the  McKinsey Global Institute, “The Internet accounted for 21 percent of GDP growth over the last five years among the developed countries MGI studied, a sharp acceleration from the 10 percent contribution over 15 years. Most of the economic value created by the Internet falls outside of the technology sector, with 75 percent of the benefits captured by companies in more traditional industries. The Internet is also a catalyst for job creation. Among 4,800 small and medium-size enterprises surveyed, the Internet created 2.6 jobs for each lost to technology-related efficiencies.” Now Congress and the Senate propose to kill that with this law. We have to wonder why there is time and energy for this type of legislation when picking up where the Super Committee failed might be a better focus.

3) There are privacy concerns on traffic monitoring and it also opens the door to potential blacklisting.

See how your Representative and Senators stand

ProPublica is posting summaries of where Representatives and Senators stand. Click on the link for your state to see the details. Also of note: how many dollars their 2010 campaigns received from the movie/music/tv industry, and from the computer/internet industry.

What you can do

What can you do? Simple: contact your Congressional Representative and Senators and let them know you do not support this legislation. We did. Here’s where our Representative and Senators stand in responding:

Rep. John Yarmuth: no response to my email. Posts on the Web indicate he is not decided yet.

Sen. Rand Paul: responded to my e-mail that he will vote against

Sen. Mitch McConnell: no response yet. Posts on the Web give no indication of where he stands. Who knows?

 Update to post: January 19, 2012:

John Yarmuth just sent me an e-mail indicating he will vote NO on SOPA and PIPA should either bill come up for a vote. His mail noted receiving more than 300 calls and e-mails in the last 24 hours. Thanks for your response, Rep. Yarmuth!

Lady Gaga.  At 25 she seems to have come out of nowhere and then appears everywhere. How does she inspire such devotion from her fans?

Here’s how: aside from  costumes, choreography and vocals that stand out from a “me too” sea of pop music, Lady Gaga is completely about her fans, little monsters, and relating with them on common ground.  She includes us,  and that is her secret sauce.

“Listen up little monsters..”

Referring to herself as “Mother Monster”,  she fiercely protects “little monsters”.  Her acceptance of her fans – just as they are – creates a sense of belonging. It is as if she knows each fan personally. In Gagaland, no matter how else the outside world may treat little monsters, in this world they are celebrated. Every interview, message, and staged entrance centers around the heartbeat of acceptance. And people respond.

Co-creating content with fans

A Google Chrome video, for example, was made with her fans at the release of “Edge of Glory”, with Lady Gaga posting a request for uploads to be used in a film project. The video was completed in time to coincide with her performance on the finale for Saturday Night Live. (You can read more by clicking here: Google Chrome: Lady Gaga)

Her latest co-creation is the Fanwall. Fans can upload their picture to be included in a photo-mosiac of fans. The mosaic looks like the “Born This Way” photo of Lady Gaga – but scroll over the tiles and see the faces of fans with their own statements.

Do the unexpected

Facebook, Twitter, blogs, YouTube and websites are expected. The unexpected – live or not – define everything she does. Like Gagaville. You may know the Farmville version. Let’s just say: Gagaville has more unicorns and glitter. Where else can you find an electric chapel, mohawked cow and gemstones? And, the sheep ride motorcycles here. Why does this work so well? Simple. The unexpected creates news. And news travels fast these days – through viral means and traditional outlets.

Blend the traditional with the untraditional

For the release of her recent CD, “Born the Way”, Lady Gaga showed up on every show from The View to MTV and fuseTV.  In interviews and billboards, the marketing  included an article for V magazine, tie in with Starbucks, fuseTV, and MTV. Add the Fanwall,  99 ¢ Amazon album downloads  and “Born this Way” membership ID cards and you get marketing magic. Her blend of traditional and “non-traditional” brilliantly reaches her fans wherever they may be.

Focus on your fans, and the rest falls in place

What can we learn from Lady Gaga? Keep centered and devoted to your own “little monsters” and they will notice. Business always revolves around relationships. If you focus on the people you do business with, include them, defend them and show up where they are, your business will grow. 

I’ve noticed many people want to skip this part. Eager to get to the “fun” parts like graphic design, tag lines and soundtracks, they barrel ahead at full tilt – often in the wrong direction.

It’s irritating as sand sometimes. The market and competition seem more active during the homework phase, and business owners often feel they are wasting time and their money with little to show for it. But, like oysters, it takes time for the discovery process to yield the pearls. By doing the work up front and learning as much as possible, you can avoid costly mistakes and instead capture opportunities you may not have known existed.

We used to call it the Blackberry test. If your colleagues faded to check their Blackberry, the point was not compelling or relevant enough to stay engaged in the conversation.

Social media seems like that. 140 characters or less to Twitter a relevant message. Is that so different from headlines? Not really.

Effective marketing has always been about earning attention. Fast. Because if you do, most people will stop and learn more. If you miss, then they move on.

And rightfully so.

Focus on opportunity, not doom

A client of mine recently said: “Now is not the time to retreat into a cave with no candles.” Customers need to know you are still here. This means having the confidence to invest in marketing your company. However, it may also mean marketing differently than before.

Now is a good time to step back and re-evaluate your plans. What looked good a few months ago may not be as effective today. The critical question is: are your dollars in the best place? Or: would a shift in your marketing mix make sense? The most likely answer to this is: yes.

Questions to consider for your company

1. The most important questions are: what is your core customer facing as a result of the changes in our economy? What matters most to them now? Is your company answering these needs? The answers should be the central driving force for your marketing mix.
2. Are your dollars directly producing ROI? Can you measure this?
3. Can your plans be changed quickly is the expected ROI is not occurring? Weigh heavily any decisions for long-term commitments with no escape – you may need to adjust quickly in this economy.
4. Can you test a small investment before committing to a large program?
5. Are your dollars heavily weighted to image advertising? If so, could you use them more effectively? A well-crafted promotion can support image and produce sales.
6. Are all the “arrows in alignment”? In other words, are all of your marketing dollars moving in the same direction, or are they allocated in a fragmented hodge-podge of promotions?
7. Does your message still make sense? Consider this: Oprah changed the tone of her “Favorite things for the holidays” episode to “Oprah’s favorite things for a thrifty holiday” this year, shifting the focus to less extravagant fare. To her great credit, she explained that it “was not appropriate” to focus on high-ticket items given the current economic scenario.

(see my related article on investing in marketing throughout tough times.)