GEMA-free musical work definition
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Sources for being free
Death of creator
As of 2013 a musical work is free from GEMA-fee if 70 years have passed since the 1 January following the death of the author.
- http://www.gesetze-im-internet.de/urhg/__64.html § 64
- http://www.gesetze-im-internet.de/urhg/__69.html § 69
Other
A work can also be free from GEMA-fee if the creator(s) did not give (directly or indirectly) GEMA the right to collect fees for the work.
There might be other sources.