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| Capt. Joe Mora |
By Dave Forster
The Virginian-Pilot
SUFFOLK - Capt. Joe Mora will tell you he's a fisherman by trade, and certainly no lawyer.
So after he had snapped a photo of an 8-year-old neighborhood boy hoisting a large striper aboard his boat last year, Mora thought he had captured a nice image to promote his fledgling fishing company.
The boy's parents were less enthused.
On Thursday, they won a short trial in Circuit Court against Mora's company, Wasabi Charters, for unauthorized use of a picture in an advertisement, a misdemeanor. Judge Westbrook Parker ordered the company to pay a $1,000 fine, the maximum punishment for the crime.
Mark and Debbie Kiessling said they were shocked to see the photo of their son on the Wasabi Charters Web site, along with his name and age.
"Stuff you don't want on the Internet of an 8-year-old," Debbie Kiessling said. "You just don't do that without asking permission."
All businesses need to be careful when using images of customers to advertise, even if they have signs posted to warn people of the possibility, said Marshall B. Martin, a Norfolk attorney who specializes in business and intellectual property law. That caution is especially important in today's digital era, when "it's so easy to pick a photo or post a photo," he said.
Mora said the Kiesslings filed their complaint only because they were upset over a privacy fence he had put up next door, blocking their view of the Nansemond River. He had given the family a framed print of the offending picture for Christmas, before they knew it was online, he said.
The Kiesslings denied that a neighborhood squabble influenced their decision to file a complaint. Debbie Kiessling said she first heard that Mora had used her son's likeness from a neighbor, who saw an advertisement at a marina.
The Kiesslings went to police, but Mora kept the image up for weeks, the Kiesslings said. They wouldn't have filed a formal complaint had he just taken the photo down, they said.
Mora, meanwhile, thought he was covered legally with a sign he had posted on his boat, advising visitors that photos of them might be used for advertising.
"I'm a fishing captain, not a lawyer," he said.
Mora eventually took the photo down, but then he put it back up with the boy's face blacked out. Underneath, in small type, he inserted a line using an epithet to characterize the boy's mother, and added, "... so for his protection we block his identity."
"That was probably where I really shot myself in the foot," Mora said after Thursday's trial.
Prosecutor Marie Walls had Debbie Kiessling read the remark during the trial.
"That was on the Web site?" Parker asked.
Mora initially pleaded guilty to the misdemeanor and paid the $1,000 fine, but he appealed the conviction after he learned that he, not Wasabi Charters, would be named in the conviction record.
The judge agreed with his argument Thursday, and the prosecutor amended the charge to name Wasabi Charters as the defendant. Mora left the courtroom to write another check, this one from his company.
"I just didn't want to be held personally responsible," he said.
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You might not like it but.....
There is no difference between this situation and hiring a model for pictures to be used in advertising. A model release is required for use of a persons likeness for commercial purposes.... i.e advertising and sales. This is a clear cut line that is easy to distinguish from. The court decision is correct based on law.
A sign posted up like the one on the boat is meaningless, especially when talking about a minor who is not legally able to enter into a contract. The parents permission is required for the image of their child to be used in a commercial manor. You'll find signs like these in many places and even on the back of tickets to events, but when it comes down to advertising, they always get a signed release to use the image. The law makes it clear and doing so protects all parties.
Paparazzi and news jounalists get away with it because they are shielded by images being labled as news in the public interest, therefore being labled as "editorial use".
Hold the boat!!
As a photographer, I have to side with the parents here. When you take a photograph, technically you own all the rights to the image. The catch is that any image of a person to be used in a public forum, MUST be accompanied by a release. Especially if it involves a minor. It basically involves privacy laws and prevents misunderstandings on how the image is to be used. It is NOT a frivolous lawsuit, but an actual case of breach of privacy. I am sure the fence might have started some sort of fire, but this case seems clear cut and legitimate. I am sure the photo was harmless enough and Capt. Mora had all good intentions whe he posted the photo, but in this day and age of invasion of privacy and instantaneous publication with the internet, everyone needs to be more concious about what they put out for the world to see and the possible ramifications of those actions!
Hmmmm...
Hmmmmm...
Since they were neighbors I would have to agree that he should have asked permission as a courtesy.
I suspect there is more to the fence story causing this situation that seems to appear...
Stupid Lawsuits
Stupid suits and greedy lawyers are the reason this country is in the shape it's in. The suit should have been thrown out and the parents should be ashamed of this petty act. The real loser here is the child who learns a life lesson on bad behavior. I think Captain Mora should build a bigger fence!
What a shame
There are a dozen bait and tackle shops throughout Tidewater with pictures of kids catching fish. I post on three fishing websites where pictures of kids catching fish are posted all the time. If the mother only understood the pride and pleasure that her child experienced from catching that fish. Wait til the boy becomes a teenager. She will have a lot more important things to worry about other than her child being posted on a fishing website.
Intellectual property?
Just how far can we go with this "intellectual property" claim? The suit should have been thrown out of court. Hey judge, y'all ever heard of frivolous lawsuits? Looks like got your law degree from some on-line "university."
Shameful!
The Kiesslings ought to be ashamed of themselves. I don't see a darned thing wrong with showing a happy child in an internet ad for a fishing business. The complaint is only petulant retribution in a neighborhood squabble. What a great example to set for your child!
I didn't want to pay personally for what was a company web sit
This whole thing regardless of what she said is over the fence. I took that kid fishing many times and he even fished off of my pier in the back yard. He is a great kid it is a shame his mom drug him into this. The name I called his mom is ****. Yes I was wrong for that but she wasted a lot of peoples time over something that kid was very proud of. I made him fight that fish by himself he was very tired in the end but very proud. To bad for him. But in the long run, I have to admit this worked out better than I could have dreamed of I have actually gotten bookings over this. Best $1,000 I ever spent!
The Real Story
The neighbors will probably sue the school next if the kid plays sports and ends up in the school newspaper. How silly, I would be proud to have my kid hauling up a big fish and having his picture on the advertisement. Capt. Joe you get my vote.
Love thy neighbor
It must be a slow news day when we're all drawn into what appears to be a silly spat between neighbors over a fence. Both sides look foolish and I'm willing to bet Capt. Hook gets payback for the $1,000.
The real info?
They never said how much the fish weighed. Who cares about neighbors that can't get along? I'd rather kids fish than burn down skate parks.
Please...
The Captain should have taken the picture down when requested. But as for the parents, I would have to say that they provided more exposure by the lawsuit than Wasabi Charters website could have ever done. I believe this whole thing is related to the fence issue...real sad if you think about it.
As for being personally responsible, I believe he was refering to the monetary fine and not taking responsibilty for his actions, he did plead guilty after all.
Gone are the good old days
What ever happen to the days things like a 8 year old boy catching a monster fish was posted at the town diner and was something to be proud of. This day and time is just out of control with court. And sueing someone. Im for the Captin it should have been something his family was proud of.
Inquiring minds want to know
So, what was the "epithet" he used about the boy's mother?
The Mora's should buid a bigger fence!
It's a shame the Kiessling's used their son to get back at Capt Mora. Now the child is penalized for his parents selfish want for a senic view. It seems if the Kiessling's can't take away the Mora's property rights, they can put the son in the middle of an adult problem. Sounds like control freaks, more than protecting thier son. The big loser is the son in this situation. Shame on his parents for dragging him into this! Very sad.....
"personally responsible"
Sounds like Kiessling took a back yard squable and used it as a way to get back at Capt Mora for the fence he put up. It's a shame that now the kid has to suffer and will probably not be fishing on this boat again.
The Bigger Picture . . .
I think you've missed the boat (no pun intended). The real issue is not that an 8-year-old boy's age and name got printed on the Internet without permission. The real issue is that we live in a society that has made something like that an issue because of all the fruits and nuts surfing the web. I think it's a shame that we live in a society where something this is even a topic we should discuss. Oh for simpler days . . .
"...didn't want to be held personally responsible"?
That's just great! It wasn't his fault - it was his company's fault. This guy admits to wrongdoing, yet doesn't want to be held personally responsible for his actions. Great show of fortitude, sporty.