INTA Board of Directors vote to adopt Board Resolution on deep fakes

New York, New York—February 26, 2025—The Board of Directors of the International Trademark Association (INTA) convened yesterday for a special board meeting where they voted to approve a resolution on the issues of “deep fakes” and “digital replicas.” Board resolutions are critical to INTA’s advocacy as they establish the Association’s position on specific issues and guide all subsequent activities.  

This Board Resolution, titled, “Legislation on Deep Fakes (Digital Replicas)’” addresses the recent advancements in artificial intelligence (AI) technology that have lowered the cost and eased access to tools that may be used to create digital replicas, which are often referred to as “deep fakes” when they are unauthorized and deceptive replications of individuals’ name, image, and/or likeness. The Resolution does not endorse any bill but rather articulates certain policy principles to enable the Association to engage with lawmakers on this timely issue.

In the Resolution, the Association sets forth legislative guidelines to address the harms from deep fakes that affect individual human beings, as well as consumers and brand owners more broadly, or be misused for other forms of unfair competition.

The Association previously supported federal right of publicity legislation through its adoption of the US Federal Right of Publicity resolution on March 3, 1998, and the Right of Publicity Minimum Standards resolution on March 27, 2019, setting forth certain recommended minimum standards for such legislation. However, the rapid development of AI and deep fake technologies since these resolutions have passed—compounded by the need for flexibility to respond to evolving harms caused by misuse of these technologies—requires corresponding flexibility in designing the architecture of laws designed to address these issues.

“Digital deepfakes cause real-world harm, and INTA supports updating the law to combat the damage and confusion their unauthorized use can bring about,” according to INTA Associate Sr. Director for Government Relations, Jenny Simmons. “This Resolution provides legislators with a blueprint that balances providing effective tools to fight unauthorized digital replicas with free speech rights. INTA looks forward to working with legislators to craft laws that draw upon the depth of INTA members’ expertise with intellectual property rights, consumer protection, e-commerce, and freedom of expression on the Internet.”

This Resolution was sponsored by INTA’s Legislation and Regulation Committee—US Subcommittee and Right of Publicity Committee—US Subcommittee.

Read INTA’s Board Resolution on Legislation on Deep Fakes.

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