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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.
In Germany, the applicable law is paragraph 86a of the criminal code (StGB), in Poland – Art. 256 of the criminal code (Dz.U. 1997 nr 88 poz. 553). Public domain Public domain false false This work is ineligible for copyright and therefore in the public domain because it consists entirely of information that is common property and contains no ...
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).
Today, the Nazi flag remains in common use by neo-Nazi supporters and sympathisers, outside Germany, while within the country, neo-Nazis use the Fatherland Flag from the German Empire instead, due to ban on the Nazi flag use. However, the imperial flag did not originally have any racist or anti-Semitic meaning.
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.
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
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.
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: