The recently introduced NO FAKES Act aims to establish an intellectual property right over an individual’s voice or visual likeness, giving individuals a property right over the creation and distribution of digital replicas. However, this proposed legislation faces significant constitutional challenges. 

In a recent white paper, Re:Create detailed constitutional concerns with the NO FAKES Act and urges lawmakers to reject the legislation. Congress does not have the power to grant an intellectual property right in an individual’s voice or visual likeness, because they are facts and constitutionally barred from protection under the IP Clause and Commerce Clause. 

Read the full white paper and one-pager for additional information.