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According to § 5 Abs. 1 of the German copyright law, official works like coats of arms or flags are gemeinfrei (in the public domain). Since the Federal Republic of Germany is the legal successor of the Weimar Republic as well as of the Third Reich , this law is also applicable to flags promulgated before 1945.
Flag Dates Designation Description 1933–1935: Flag for the Supreme Commander of the Army: Used between February 1934 and June 1935 with the designation Flag of the Chief of the Army Command. The position of Commander-in-Chief of the Army was held from 1932 to 1938 by Werner von Fritsch. 1935–1941: Flag for the Supreme Commander of the Army
Flag Regulation of 18 June 1937. Further information about the flag (in order to avoid constant vandalism): The Reich Flag Act of 1935 (Reichsflaggengesetz vom 15.9.1935) stipulated that the "Reich- and Merchant Flag" was to be depicted with the disk slightly shifted to the flag pole (RGBl. I (1935) No. 122).
Flag of Nazi Germany (1935–1945) Use: National flag and ensign: Proportion: 3:5: Adopted: 15 September 1935: Relinquished: 23 May 1945: Design: A horizontal flag featuring a red background with a black swastika on a white disk: Designed by: Adolf Hitler: Flag of Nazi Germany (1933–1935) Use: National flag and ensign: Proportion: 3:5 ...
According to § 5 Abs. 1 of the German copyright law, official works like coats of arms or flags are gemeinfrei (in the public domain). Since the Federal Republic of Germany is the legal successor of the Weimar Republic as well as of the Third Reich , this law is also applicable to flags promulgated before 1945.
From September 2020, the public display of all versions of the war flags of the North German Confederation and of all periods of the German Reich became prohibited in the state of Bremen and violators can be fined up to €1,000; the black, white and red tricolour of the German Reich can be confiscated as well if there is a concrete provocation ...
The Iron Cross on this flag is 2/3 width of flag. The Iron Cross is offset "a little bit to the hoist" (quoting FOTW). For a more rigorous treatment of the height of the Iron Cross across German flags see FOTW: Proportions of the War Ensign and Jack 1871-1935 (Germany) Flag construction data from FOTW: Proportions:
The use of insignia of organizations that have been banned in Germany (like the Nazi swastika or the arrow cross) may also be illegal in Austria, Brazil, the Czech Republic, France, Hungary, Israel, Poland, Russia, Ukraine and other countries, depending on context.