Revealed: WW1 memorial contractor suggested artist took "inspiration" from Washington sculpture

The Tipperary contractor tendered to complete the controversial WW1 memorial in Dundalk suggested adding an engraving stating the artist responsible for the now removed artwork received “inspiration” from a sculpture due to be installed in Washington DC in 2024; upon hearing copyright issues had been raised with the council. 

Louth County Council communications obtained by the Democrat under FOI reveal a timeline of events from the council first being notified of the infringement to the removal of the image. 

On 23rd May the council received a letter from a US legal firm acting on behalf of Sabin Howard the sculptor of the monument in Washington alerting the council to the “egregious copyright violation.”

As media queries poured in communications between the council and Heneghan PR, a firm used by the council, reveal Heneghan raised concerns that “Other media outlets are likely to pick up on this and it may overshadow the positive news already generated ahead of the unveiling date.”

On 25th May the contractor responded to an email from the council that sought confirmation for the source of the image and asked to confirm the copyright of the image was obtained.

They said:

“The image of the Dundalk WW1 memorial was done by the artist [Redacted portion of sentence] ; it provides the Council any comfort we can engrave at the bottom of the etching where the Artist’s inspiration came from.”

The contractor suggested the inscription: “Inspiration for this World War One etching is taken from a section of the Sabin Howard sculpture.”

On Thursday 26th May the council received a call from the sculptor seeking to discuss the infringement.

By Friday 27th May in an email exchange between the sculptor and a senior council official following up on a phone call, the council undertook to not go ahead with the official unveiling of the monument and stated that they would contact the contractor to remove the image.  

The official noted:

“As mentioned at the outset of our discussion, we did not have any knowledge of a potential copyright infringement but will actively work towards a resolution of this matter.”

The council official also asked:

“I would hope you will consider positively keeping our communications between us and not via media channels please?”

An internal email sent following this communication also noted the parties had agreed to keep discussions between themselves “and not via solicitors/law firms).”

On Monday 30th May the senior council official emailed the US legal firm representing Sabin Howard confirming the image had been destroyed and provided photographic proof while also offering to provide video evidence. 

The council then began searching for a replacement to the monument with the contractor noting in an email:

“I have been in contact with somebody who has extensive experience in the area of copyright law and intellectual property. As you can imagine we don’t want to venture down the wrong road again with any images. Bearing this in mind he has suggested that a poem rather than an image may be suitable for the memorial. If the poet has been deceased for over 70 years- it would be out of copyright.” 

September’s meeting of Dundalk Municipal District has since been informed that they intend to use a poem from the Slane poet Francis Ledwidge.

The meeting was also told that the additional work was carried out by the contractor at no extra cost.