POSTS BY Martin Senftleben
12 November 2025

Reconciling EU Copyright Protection With the Right to Research

Considering the rapid evolution of digital technology and changing research approaches, it is doubtful whether the current EU copyright acquis offers sufficient support for research that requires access to protected knowledge resources. To this day, EU copyright law misses a general research clause that would allow researchers to do their job in the current information society and contribute to the improvement of societal conditions – regardless of constantly changing technologies and access routes to knowledge resources. Continue reading >>
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15 April 2025

Fashion Upcycling and the Human Right to a Healthy Environment

With new collections each season, the fashion industry produces a highly problematic fashion garbage heap every year. Circular economy projects seeking to produce “new” garments by reworking second hand and unsold fashion items have particular societal value against this background. Evidently, legal solutions that support fashion reuse have particular relevance in the light of these goals. Continue reading >>
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21 February 2024

Human Rights Outsourcing and Reliance on User Activism in the DSA

Article 14(4) of the Digital Services Act (DSA) places an obligation on providers of intermediary services, including online platforms hosting user-generated content (see Article 3(g) DSA), to apply content moderation systems in “a diligent, objective and proportionate manner.” Against this background, the approach taken in Article 14(4) DSA raises complex questions. Does the possibility of imposing fundamental rights obligations on intermediaries, such as online platforms, exempt the state power from the noble task of preventing inroads into fundamental rights itself? Can the legislator legitimately outsource the obligation to safeguard fundamental rights to private parties? Continue reading >>
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