Short extracts of a sporting event or competition broadcast pursuant to Article L. 333-7 are taken from the images of the holder of the exploitation right established in France by any television service publisher, for broadcast on its on-air or on-demand audiovisual media services which make the same programme available on a deferred basis:
a) if this publisher is established in France; or
b) If it is established in another Member State of the European Union or party to the Agreement on the European Economic Area, provided that no publisher in that State has acquired this exploitation right.