THE WAR MEMORIAL

THE DUNDALK WORLD WAR I MEMORIAL CONTROVERSY

THE DUNDALK WORLD WAR I MEMORIAL CONTROVERSY [THE BACKGROUND AND OUTCOME]

In the Irish town of Dundalk, the unveiling of a new memorial dedicated to local individuals who perished in the First World War was swiftly overshadowed by significant controversy. The monument, intended as a symbol of remembrance and community spirit, immediately faced scrutiny due to allegations of copyright infringement from American artist Sabin Howard regarding his artwork, "A Soldier's Journey". This report will examine the background to the memorial's creation, the specifics of the copyright dispute, and the eventual resolution of this contentious affair.

Background to the Memorial Project

The initiative to erect a First World War memorial in Dundalk arose from sustained efforts by various local groups over several years. Their aim was to appropriately honour the memory of those from the area who died in the conflict. The project secured financial support through the EU Peace Programme, an initiative designed to foster peace and reconciliation both within and across the border regions of Ireland. The chosen location for the monument was The Crescent, situated outside the Dundalk Garda Station, a prominent and accessible site within the town.

The initial design of the memorial featured an image depicting soldiers in a scene of departure for war. A central element of this image portrayed a woman holding a baby while clasping the hand of a soldier, seemingly her husband, as he stepped into a scene of warfare. The entire project had an estimated capital cost of €40,000, inclusive of VAT. The intended date for the official unveiling of the memorial was set for the end of May 2022, a date anticipated as a significant moment for the local community.

The Copyright Infringement Allegations

However, this commemorative endeavour was quickly overshadowed by claims from American sculptor Sabin Howard. He asserted that the image featured on the newly erected Dundalk memorial bore a striking resemblance to the initial eleven figures of his own artwork, "A Soldier's Journey". Howard's sculpture is a monumental project destined for the National WWI Memorial in Pershing Park, Washington D.C., a site with a substantial budget of $44 million, with the sculpture itself now completed and unveiled in September 2024.

Upon discovering the similarities, Howard expressed his astonishment to the media. Subsequently, Louth County Council received formal legal correspondence from a United States-based law firm representing Sabin Howard, alleging a significant breach of copyright. The legal communication highlighted the potential ramifications of proceeding with the unveiling of what was claimed to be an infringing artwork.

Louth County Council's Response and Initial Actions

In response to the copyright infringement allegations, Louth County Council promptly acknowledged receipt of the legal correspondence and the potential copyright issue. The council took immediate action by confirming that the contentious image at the centre of the memorial had been physically removed, reportedly through sanding. As an initial measure, the memorial itself was covered with a blue tarpaulin, effectively concealing the disputed artwork from public view.

In a public statement, the council indicated its commitment to engaging constructively with the artist to achieve a satisfactory resolution. Due to the ongoing nature of discussions with Howard and his representatives, the council refrained from providing any further public commentary at that time. Furthermore, the council made the decision to postpone the official unveiling of the monument as originally planned. Demonstrating their commitment to addressing the issue, the council also provided photographic evidence to Howard's legal team confirming the removal and destruction of the allegedly infringing image.

Local Political Reaction

The situation elicited a strong reaction from local political figures. Dundalk Councillor Tomás Sharkey publicly expressed his profound "mortification" over the entire affair. He called for a comprehensive investigation into the circumstances that led to the alleged copyright breach. Councillor Sharkey voiced his disappointment that the earnest efforts to create a memorial for the local WWI casualties had been marred by such an issue.

He also noted his surprise at the "very military" nature of the design, suggesting it did not adequately reflect the diverse motivations of individuals from Dundalk who participated in the war. Adding to the controversy, Councillor Sharkey stated that elected representatives, including himself, had no involvement in the decision-making process concerning the memorial's design. This lack of input from elected officials raises questions about the transparency and oversight in the selection of public art projects within the council.

The Search for a Replacement Design

Following the removal of the original image, Louth County Council initiated a search for a suitable replacement to complete the First World War memorial. The contractor responsible for the memorial's construction proposed an initial solution: to add an engraving at the base of the etching acknowledging that the artist responsible for the now-removed artwork had received "inspiration" from Sabin Howard's sculpture intended for Washington D.C.. However, this suggestion was unlikely to resolve the fundamental copyright infringement concerns, as acknowledging inspiration does not negate a potential violation if substantial similarities exist in the artistic expression.

Subsequently, the contractor put forward an alternative proposal: to replace the image entirely with a poem. The contractor specifically suggested that selecting a poem by a deceased poet, who had been deceased for over 70 years, would ensure that the work was no longer protected by copyright and thus avoid any further legal complications. Initially, Louth County Council indicated that they were not entirely satisfied with the various proposals put forth by the contractor.

Resolution: The Adoption of a Poem

Ultimately, the Dundalk Municipal District was informed during a September meeting of the council's intention to utilise a poem by Francis Ledwidge, a poet from Slane. Francis Ledwidge was a local figure who tragically died during the First World War, having been killed in action in Ypres in 1917. The council sought the expertise of two historians specialising in the First World War, who reviewed the proposal to use Ledwidge's poem and subsequently gave their endorsement.

Demonstrating accountability for the initial issue, the contractor agreed to complete the revised project with the new design featuring the poem at no additional cost to the council. The final design of the memorial now incorporates a short poem by Francis Ledwidge, titled "A Soldier's Grave," as the central textual element. By early October 2022, the work on the First World War memorial, with its newly incorporated poem, was successfully completed.

The Official Launch

The official launch of the completed First World War Memorial at The Crescent in Dundalk took place on Thursday, 27th October 2022. The memorial's construction was funded under the Shared Spaces theme of the PEACE IV Programme, highlighting its role in promoting cross-community engagement. The launch event featured speeches from key figures including Chief Executive Joan Martin of Louth County Council, Cathaoirleach Councillor Conor Keelan, and historian Dr. Donal Hall.

The event was well-attended by students from Coláiste Chú Chulainn, members of the Defence Forces and An Garda Síochána, local councillors, members of the World War 1 Committee, and members of the general public. Speakers at the launch emphasised the significant role of the EU Peace programmes in fostering a more integrated and peaceful society within the region. The memorial serves as a permanent commemoration of the 310 men from County Louth who lost their lives in the First World War, with their names engraved on the structure. It is envisioned that the memorial will function as a vital cross-community and cross-border shared space, permanently acknowledging the historical connection between Dundalk and Armagh City, the traditional home of the Fusiliers regiment.

Sabin Howard's "A Soldier's Journey" in Context

To fully understand the context of the copyright dispute, it is essential to examine the background of Sabin Howard's "A Soldier's Journey." Howard is a distinguished classical sculptor known for his figurative work. "A Soldier's Journey" is an expansive bronze relief sculpture, measuring 58 feet in length and featuring 38 individual figures. This monumental artwork serves as the central element of the National World War I Memorial located in Pershing Park in Washington D.C., a project that reached completion in September 2024.

The sculpture narrates the experiences of an American soldier during the First World War, depicting his journey from leaving his family to engaging in battle and ultimately returning home, while also symbolising America's broader involvement in the conflict. To imbue the work with authenticity and emotional depth, Howard utilised real veterans as models, aiming to capture the true intensity of their wartime experiences. The creation of this large-scale bronze relief involved significant technical complexity, including the use of advanced 3D modelling techniques and a collaboration with Weta Workshop in New Zealand, renowned for their work on major film productions. Throughout the lengthy process of creating and installing "A Soldier's Journey," Howard had legal counsel to protect his artistic vision and intellectual property rights.

Conclusion

In conclusion, the story of the Dundalk World War I memorial highlights the complexities surrounding intellectual property in public art. The rapid emergence of the copyright dispute following the memorial's erection underscores the critical importance of conducting thorough due diligence and copyright checks during the design selection process for any public art project. The initial decision by Louth County Council to proceed with a design that bore a significant resemblance to a pre-existing, high-profile artwork resulted in considerable embarrassment and the need for costly revisions. The strong reaction from the local councillor and the community's initial disappointment further emphasise the potential for public relations and political repercussions when such issues arise.

However, the successful resolution of the controversy, through the replacement of the contentious image with a culturally relevant poem by Francis Ledwidge, demonstrates the community's resilience and its enduring commitment to honouring the memory of their war dead. The official launch of the completed memorial in October 2022 marked a positive outcome, allowing the focus to return to the original purpose of commemoration and community building. This incident serves as a valuable lesson for future memorial and public art projects, emphasising the need for careful planning, inclusive processes, and a thorough understanding of intellectual property law to avoid similar disputes.

Timeline of Key Events

Late May 2022: Dundalk WWI memorial erected with the controversial image.
Early June 2022: Sabin Howard's legal team sends a letter to Louth County Council.
June 2022: Louth County Council covers the memorial with a blue tarpaulin.
June 2022: Louth County Council confirms the image has been erased.
June 2022: Councillor Sharkey expresses mortification and calls for investigation.
September 2022: Dundalk Municipal District informed of the plan to use a poem.
October 2022: Work on the WWI memorial with the poem is completed.
27th October 2022: Official launch of the completed Dundalk WWI memorial.
September 2024: Sabin Howard's "A Soldier's Journey" unveiled in Washington D.C.