6A.—(1) An ancillary online service provided by wire or wireless means that contains works, as well as the acts of reproduction of such works which are necessary for the provision of, the access to or the use of the ancillary online service, shall be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment for the purposes of exercising the copyright and related rights required for that service.

(2) Subject to subsection (3), when setting the charges to be paid for the rights referred to in subsection (1), the rightholder and the broadcasting organisation shall take into account all aspects of the ancillary online service, including –

(a) the duration of online availability of the programmes provided in that service,

(b) the audience, and

(c) the language versions provided.

(3) The charges to be paid for the rights referred in in subsection (1) may be calculated on the basis of the revenues of the broadcasting organisation.

(4) The principle set out in subsection (1) shall not affect the right of the rightholder and the broadcasting organisation to limit the exploitation of such rights in accordance with the law of the European Union.

(5) If an agreement on the exercise of copyright and related rights concerning an ancillary online service and for any acts of reproduction which are necessary for such a service is in force on 7 June 2021, this section shall not apply to that agreement until 7 June 2023.

(6) In this section –

"ancillary online service" means an online broadcast, by or under the control and responsibility of a broadcasting organisation, of programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation and any material which is ancillary to such broadcast, where a member of the public can access the programme from a place and at a time chosen by them;

"programmes" means –

(a) radio programmes, or

(b) television programmes (other than the broadcast of sports events and works included in them) which are –

(i) news and current affairs programmes, or

(ii) fully financed own productions of the broadcasting organisation.]