You might get nicked for a border or something on the upper right corner (that speck of black).
IANAS (I am not a screener) so take my opinion for what it is worth.
I think the softness on the (in this shot) lower wing is going to cause more trouble (if any) than the motive.
It was f/5 according to the exif which means it might be out of the depth of field. If so that is probably why.
[Edited 2008-01-02 07:07:18]