19As is apparent from recitals 35 and 38 of Directive 2001/29, that provision reflects the EU legislature’s intention to establish a specific compensation scheme which is triggered by the existence of harm caused to rightholders, which gives rise, in principle, to the obligation to ‘compensate’ them (see, to that effect, judgment of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 41).
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