If you check out basically any technology-related website this week (and many non tech-related sites as well) you will find information relating to the Stop Online Piracy Act (SOPA) and the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property, Protect IP Act (PIPA).  This proposed legislation (which has, for now, been avoided) would not only halt online piracy, it would take away a whole lot of online freedom too.

Sure, I believe that protecting intellectual property is important. Many artists, entertainers and the companies that employ them don’t want consumers getting their products for free. This is understandable. We all need to make a living. But we can’t protect intellectual property on the Internet by universally censoring content. Before I go any further, let’s explore what PIPA and SOPA really are.

PIPA

PIPA was first introduced by Senators Patrick Leahy, Orrin Hatch, and Chuck Grassley. PIPA would give the government and U.S. corporations the right to seek legal action with any website they determine has allowed copyright infringement. This extremely loosely-defined legislation could potentially:

– Force Internet providers to block websites on their networks.
– Force advertisers on “infringing” websites to pull their ads.
– Seek legal action by suing blogs, search engines, directories or any other site on the internet.

Goodbye, User-Generated Content

PIPA would create a perilous online climate for any website. It would encourage harsh restrictions on user content, effectively censoring any type of user-generated participation. This means user-generated writing, videos, audio files… ANYTHING. The fact is, user-generated content is a huge part of what makes the Internet so rich. If PIPA passes, we will lose our free forum. This will have wide-reaching implications for social behaviors and social control.

SOPA

SOPA would work in conjunction with PIPA. It would allow:

– The U.S. Attorney General to seek court orders to force search engines, DNS providers, advertisers and more to sever contact with any “offending” websites or content.
– Private corporations to create their own hit lists of websites they feel are breaking their copyright policies, for ANY REASON. Read: legal mafia. The companies would be able to contact a website’s provider directly to sever service within five days.

Sayonara, Innovation

Not only would these bills severely restrict user-generated content, they would stifle innovation. Developers aren’t going to experiment with new ways of distributing content if they are constantly under threat of take-down. Think about the big sites we all use today: YouTube, Facebook, Twitter, DropBox… none of these would have made it a week under PIPA and SOPA.

Ridiculous Consequences

Imagine this scenario: a child makes a video of herself singing a popular song and posts it to the Internet. That child could be responsible for the blackout of YouTube. That child and her family could face legal action. They could face fines in the millions! Is this the kind of Internet we want?

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It’s no secret that creativity is a valuable asset. This country was built on the creativity and innovation of countless artists, politicians, scientists and entrepreneurs. Yet, still, many business people are unwilling to invest in the creative professionals that could bring their business to center-stage. Why is this? Well, the short answer is, it’s complicated.

Creatives Can Be Difficult

Creative people often get a bad rep, and this isn’t always unfair. Many creative people are inherently less stable or reliable than their non-creative counterparts. Often they are perpetually unsatisfied and while this quality makes them perpetually innovative and fuels their creativity, it can also make them difficult employees. That lightning-in-a-bottle sometimes gets out of the bottle. Then you’ve got lightning in the office and you have to wear rubber shoes. The thing is, you can’t put a dollar value on creativity. It’s this magical combination of knowledge and novelty that makes businesses stand out.

Foster a Conducive Environment

There are many ways to handle creative employees that will make them feel comfortable, productive and respected and that won’t make a dent in your profits. You’ll need to get to know your employees before you can meet their creative needs. Some creative types need to listen to music while they work while others need complete silence. Try to accommodate the needs of your creatives as best you can without infringing on the needs of everyone else. Showing your employees that you genuinely care about their job satisfaction will foster an attitude of mutual appreciation and trust, vital for any successful employer/employee relationship.

Go Over the Rules

When you’re interviewing potential creatives, be clear about what you expect of them. In many cases, creative people are excellent workers who respect the business environment and who will do their best to be model employees. If the individual is not one of these exemplary creatives, being clear and straightforward about your expectations will let him know you’re not going to put up with errant behavior. Make a clear policy regarding days off and productivity and put it in writing. That way, if it doesn’t work out, you’ll be protected.

Be Flexible

For some creative people, the traditional 9-5 work day is not the best arrangement. Maybe they do their best work at night, or simply can’t think straight at 2 PM. Whatever the reason, if you trust the person to get work done (or base your evaluations on results) you can afford to be flexible about hours. If you have an office that’s open at non-traditional hours, offer the employee the freedom to choose when she works. If not, consider allowing her to work from home some of the time. In the end, the most important thing is that you get the creative output you pay for.

Focus on Results

In the end, the more creative a business is, the more people will take notice. Consider hiring creatives in several different capacities—from graphic design to marketing. Thinking outside the box means you get to do things first. You set the bar for your competition and you get ahead, every time. The more creativity you have on your team, the faster you will be able to adapt to new marketplace variables and the better equipped you will be to ride the wave of public opinion.

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