“Speaker Photo [Lautsprecherfoto]”

The criterion of “a fairly large number of persons” relevant for examining whether a work has been made available to the public is not fulfilled when a product photo that was initially made available by a seller in violation of copyright on an internet trading platform in the context of that seller’s sales post was, after the seller’s submission of a cease-and-desist declaration, only accessible by entering in the internet a URL approximately 70 characters in length and, based on experience, it is to be assumed that the URL will only be entered by persons who had previously saved or otherwise copied or made note of this address – when the photo was still freely accessible in the context of the ad, before the cease-and-desist declaration – or who had been given the address by such persons.