<p><b>When assessing whether a claim for information is excluded because the author has made only a secondary contribution to a work, product or service (Sec. 32d(2), No. 1, Copyright Act), the circumstances of the individual case must be evaluated. This evaluation must take into consideration both copyright-related circumstances, such as the degree to which the author’s contribution has shaped a work created by several authors (Sec. 8 Copyright Act) or a collective work (Sec. 4 Copyright Act), and – with regard to the principle of participation, according to which an author must participate as equitably as possible in every commercial exploitation of his or her work – economic aspects, such as the significance of the author’s work for the overall added value generated by the work as such or by a product or service. If – as in the dispute at hand (use of a portrait photo on a wide range of product packaging) – the case involves the promotional use of a work to sell a product, the assessment required under Sec. 32d(2), No. 1, of the Copyright Act of whether the author has made only a secondary contribution to the exploiter’s product must be based on the promotional significance of the work for sale of the product.</b></p>