Biography

Diana Liebenau is a doctoral candidate and research associate at the Chair of Private Law, Intellectual Property and Competition Law at the Ludwig Maximilian University of Munich.

She studied law at the University of Bayreuth (First State Examination in Law) and Harvard Law School (Master of Laws), supported by various scholarships, inter alia, from the Max Weber Program of the State of Bavaria, the German National Academic Foundation (ERP Program) and the German Academic Exchange Service. She completed her legal clerkship at the Higher Regional Court of Munich (Second State Examination in Law) with previous traineeship stations at the international law firms Quinn Emanuel Urquhart & Sullivan, Hogan Lovells and Bardehle Pagenberg. As a visiting scholar, she conducted research at Harvard Law School and Tel Aviv University.

Her dissertation deals with antisemitic art as a problem of private law. She publishes broadly at the intersection of intellectual property and private law. In particular, she specializes in American copyright law, which she also teaches in affiliation with CopyrightX, an initiative of the Berkman Klein Center for Internet and Society at Harvard Law School.

In addition to legal pursuits, Diana studies Hebrew, practices yoga daily and tailors her own clothes. She is also a film, design and art enthusiast.

News

© Edward Elgar Publishing

July 12, 2024

Diana Liebenau received the “Innovative Teaching Award 2024” of LMU Munich for her teaching in “CopyrightX – Comparing U.S. and European Copyright Law and Policy”. Between 2022 and 2023, the project was generously supported by the “Fund for the Promotion of Teaching” of LMU Munich.

July 10, 2024

The article “Image Jurisprudence and Copyright – Private Works in Official Works between Limitations and the Public Domain“ was published in German in Intellectual Property Journal (IPJ) (open access).

June 18, 2024

The article “Copyright as anti-discrimination” has been published in Research Handbook on Intellectual Property Rights and Inclusivity (ed. Cristiana Sappa).

Teaching

Overview

“CopyrightX: Comparing U.S. and European Copyright Law and Policy (Ludwig Maximilian University of Munich (Munich, Germany)” is a 14-week course taught by Diana Liebenau in the CopyrightX network.

CopyrightX is a 12-week course concept developed and taught by Professor Terry Fisher at Harvard Law School. It is hosted and supported by the HarvardX distance-learning initiative and the Berkman Klein Center for Internet and Society. Through a combination of pre-recorded lectures, readings, seminars, live webcasts, and online discussions, the participants in these courses examine and assess the ways in which law seeks to stimulate and regulate creative expression. CopyrightX is a unique networked course that consists of a residential course at Harvard Law School, an online course, and a network of affiliated courses offered by several universities and other institutions outside the United States.“CopyrightX: Comparing U.S. and European Copyright Law and Policy” is one of these affiliated courses; it particularly emphasizes comparative aspects between European and U.S. copyright law.

A Unique Approach

By German law school standards, CopyrightX is an unusual course in at least six respects.

1. Blended Learning Pedagogy: Each week before class, students watch a pre-recorded lecture by Professor Fisher (approximately 90 minutes). Students are also required to read the materials provided in the syllabus. In class, we will discuss case studies which explore in more depth the law and theories introduced in the recorded lecture and the readings. Instead of distributing an outline or powerpoint slides, the course uses mind maps to summarize the course takeaways.

2. Curriculum Informed by Policy and Theory: Whereas German law school classes typically focus on what the law is rather than what it should be, CopyrightX takes a different approach. Classes on theory and law alternate. The course has a strong focus on policy to enable students to participate in recent debates on intellectual property with an opinion informed by theory. The course also has a comparative angle.

3. Open Access: The course employs reading materials that are in the public domain; the videos and mind maps are freely accessible on the internet. With their help, unique case studies drawn from the vast CopyrightX network are discussed in class.

4. Open for Anyone: Any student at LMU can attend the course: regardless of whether they have taken Intellectual Property classes – and in fact, any law class. However, registration, diligent preparation and regular attendance are expected if students wish to obtain a certificate. Regular attendance means not missing class more than twice.

5. English: The language of instruction is English. CopyrightX is not a language course but instead teaches substantive law.

6. Part of a Network: CopyrightX is a networked course so that residential, online and affiliated courses are designed to be parallel. There is an opportunity (not an obligation) to interact with these other groups of students through webcasts with invited speakers in Harvard and an online discussion forum. However, due to the fact that the course takes place in the U.S. spring semester, the Munich course will take place partially in the semester break.

Course Material

Syllabus

Week 0 – Introduction to the US Legal System (with Respect to Copyright)
Week 1 – The Foundations of Copyright Law
Week 2 – Fairness and Personality Theories
Week 3 – The Subject Matter of Copyright
Week 4 – Welfare Theory
Week 5 – Authorship
Week 6 – The Mechanics of Copyright
Week 7 – The Rights to Reproduce and Modify
Week 8 – The Rights to Distribute, Perform, and Display
Week 9 – Fair Use
Week 10 – Cultural Theory
Week 11 – Supplements to Copyright – Secondary Liability and Para-copyright
Week 12 – Remedies
Week 13 – Exam Review

You will need to watch the lectures and do your reading each week prior to class.

The course is taught in person.

Registration

Registration and regular attendance is required if students wish to obtain a certificate.

If you want to attend the course, register by email:
Recipient: dawn-yvette.ehlermann@jura.uni-muenchen.de
subject line: Registration CopyrightX 2024
deadline: December 5, 2023
Please attach your CV and transcript of records
Registration for 2024 is closed. Registration for 2025 will open in November 2024.

Exam information

LL.M. and Erasmus students: You cannot take this course for academic credit.

State exam students: You cannot take this course to fulfil the mandatory language requirement according to Ausbildungs- und Prüfungsordnung für Juristen (JAPO).

The exam will be a take-home exam. Exact start and end times as well as more details TBA.

You will write the official HarvardX exam for the online sections and will be issued an official certificate.

Events

The Private Law Workshop provides a forum for junior faculty to present research. Lectures are held regularly during the semester.

The Munich University Summer Training in German and European Law (MUST) offers a unique summer program for lawyers and law students from abroad. Within the program, Diana Liebenau teaches a unit which will introduce participants to German and European Intellectual Property Law. The unit will combine theory and law. In the first session, the class will start with theoretical justifications of intellectual property and outline common principles thereof. In the later sessions, participants will gain an overview of the relevant black letter law in the three conventional IP subjects (patents, copyright, and trademark).