Answer given by Ms Gabriel on behalf of the European Commission

12.10.2018

Article 12 of the proposal for a directive on copyright in the Digital Single Market is an optional provision, enabling but not obliging Member States.

The justification for the proposed intervention, as expressed in Recital 36 of the proposed Directive is that uses of a work under an exception or limitation may cause economic harm both to the author and the publisher. Publishers not only clear the rights for works from the authors, but they also contribute significantly to the economic success of a work by investing for example in its editing, publication and promotion.

As a consequence, they bear significant economic risks. In 18 Member States, compensation for uses of a work under an exception or limitation has therefore traditionally been shared, with different approaches to this. These existing practices are recognised by Article 12 of the proposed Directive.