69Accordingly, first, fair compensation is, in principle, intended to compensate for the harm suffered resulting from the copies actually produced (‘the criterion of actual harm suffered’) and, second, in principle, it is for the persons who have made the reproductions to make good the harm related to those reproductions by financing the compensation which will be paid to the rightholder (see judgment in Padawan, C‑467/08, EU:C:2010:620, paragraph 45).
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