Viral photo taken in Ontario delivery room leads to contentious court battle in Italy

As Milo came into the world, fathers Rosario Barone and Frank Nelson cried. They hugged. Overwhelmed with emotion, they barely noticed Foster as she snapped the moment of immense joy. The Gananoque native knew what she had was beauty captured in an instant.Shared on social media during Pride month, the photo would go viral around the world.

Media around the world picked up the story. The Kingston Whig-Standard wrote about the photo’s reach on July 8, 2014. Foster told the paper at the time that she had received calls and messages from Australia, China, Belgium, Israel, parts of Africa and all over North America.Article content The Whig-Standard reached out to the Fratelli d’Italia for comment, but they did not respond by publication time.Article content

The case took seven years to get through the Italian justice system and on May 19, 2023, Judge Cecilia Pratesi ordered Fratelli d’Italia to pay Nelson and Barone 10,000 Euros each. Pratesi dismissed Foster’s case altogether and ordered her to cover the political party’s legal cost of 3,809 Euros , as well as court administration fees.

“So, here is my small business, now hanging on by a thread because a photo of mine was taken and used without my permission and now I have to pay for it,” Foster said.Nelson and Barone said they are very happy and shocked with the result of their case and have been interviewed by a few members of the Italian media. They haven’t received any of the money and have been told by their lawyers that the Fratelli d’Italia will likely appeal the decision.

Source: Law Daily Report (lawdailyreport.net)

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