59In the same way that Member States may elect whether or not to adopt any of the exceptions set out in Article 5(2) of Directive 2001/29, they also have the option, as confirmed by recital 35 in the preamble to the directive, to provide — in certain cases covered by the exceptions which they have freely established — for an exemption from payment of fair compensation where the prejudice caused to rightholders is minimal.
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