I.- The provisions of this code also govern the right of performance of a work incorporated into a programme mentioned in II on an ancillary online service broadcast cross-border by a broadcasting organisation with its main establishment on national territory, or under its control and responsibility, as well as the reproduction right necessary for this performance. Such acts of performance and reproduction shall be deemed to take place solely on the national territory.
II.The rule laid down in I does not affect the freedom of rightholders and broadcasting organisations to agree limitations, including geographical limitations, on the exploitation of rights, and only applies if the work is incorporated by the broadcasting organisation:
a) In a radio programme which it broadcasts on a linear basis;
b) In a news and current affairs television programme, other than a sporting event, which it broadcasts on a linear basis;
c) In its own television programme, other than a sporting event, which it broadcasts on a linear basis.
III.-An ancillary online service, within the meaning of this Article, means an online public communication service whereby a broadcasting organisation makes the television or radio programmes mentioned in II available to the public simultaneously with their linear broadcast, or for a defined period of time after their broadcast, as well as any element that enriches or develops these programmes.
IV.-For the purposes of this article, an own television programme means a programme entirely financed by a broadcasting organisation, excluding independent productions within the meaning of articles 71 and 71-1 of Law n° 86-1067 of 30 September 1986 relating to freedom of communication and co-productions.
V.-The remuneration due to the author in respect of the acts of performance and reproduction mentioned in I takes into account the extent of the exploitation of the work.