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Old December 1st, 2010, 07:47 PM
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Default Carnival Passenger Demands Royalties

So John Heald invites audience members on stage and this guy agrees to come up. After the show he then demands to be paid for his "appearance" and claims to be a professional entertainer. This is why frivolous lawsuits need to be slammed and those filing them made to pay dearly. Read it here in Gene Sloan's USA Today column.
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Old December 1st, 2010, 08:50 PM
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Boy--just when you think you've seen and or heard it all, something else crawls out from under the slime.
If Carnival buckles under to this one, look out--every person who may be accidentally photo'd, filmed or even spoken to will follow " suit. "
Absolutely amazing !
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Old December 1st, 2010, 09:04 PM
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Interesting that Gene took it to a wider audience. It is a very interesting story. Now that Mr. Cloonpit has filed a lawsuit would that now be a public record. I'd like to see Gene or perhaps Paul here at CM follow through and let's get an interview with Mr. Cloonpit and get his real name and story.
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Old December 1st, 2010, 09:06 PM
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Geez..gimme a break!!!
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Old December 2nd, 2010, 06:57 AM
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Just when you think you've heard everything, what is with this guy? Yea, it would be nice to hear more of this story.
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Old December 2nd, 2010, 07:52 AM
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I think the guy is due a percentage of what Carnival got from PPV for the welcome aboard show! 10% of nothing is nothing.
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Old December 2nd, 2010, 10:06 AM
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Quote:
Heald says the man was one of six passengers who volunteered to come up on stage with him during the welcome event.
Since he volunteered to come on stage he shouldn't get a dime. It doesn't matter if he does this for a living. If a doctor volunteers his time he doesn't turn around and ask to be paid. To me it's a similar thing.

However, I did volunteer for the Welcome on board show on the Carnival Freedom in 2008. They did replay the show the whole cruise and it was on the dvd of the cruise that they sell to passengers at the end of the cruise. Huh I think Carnival owes me money to. I will take it in the form of a free cruise. Carnival call me.
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Old December 2nd, 2010, 11:20 AM
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I got off the Spirit a couple weeks ago and I too was on stage for the Welcome Aboard show. Thinking back on it I just walked on stage as a volunteer although the CD had her assistants go to the audience and select the others. She even said to the assistants "I have one guy already so only pick 3 more". To play devils advocate here, if this guy was selected by the staff as opposed to volunteering himself like I did, I can see where this guy is coming from. I still think he is being a jerk for wasting everybodys time and now that CCL lawyers are involved it ultimately costs the company money which will filter down to passengers in the form of raised fares. CCL may have to put in their contract that any "appearances" by passengers are free of fees. Where does this guy get off thinking he should be paid? Did he sign a contract with a fee structure? I wonder what kind of entertainment he performed that would cause him to think he should be compensated.
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Old December 2nd, 2010, 11:31 AM
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Where exactly did he say, "NO THANKS!"?
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Old December 2nd, 2010, 12:52 PM
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I think Carny should have given him "ship on a stick".
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Old December 2nd, 2010, 01:21 PM
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Well, I coined Celebrity's famous line "Exceeding expectations" from a letter which I wrote to them years back which said that in my first sentence and I'm still waiting for a free cruise, recognition, money, or even a thank you. Good thing I did not hold my breath. Life goes on, move with the flow.
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Old December 2nd, 2010, 01:24 PM
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A number of years ago a person posted their cruise review on the boards. They then demanded that they receive royalties for the number of hits on the thread.

The review went into the Cyber trash can.

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Old December 2nd, 2010, 02:21 PM
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Ray - very good point.

Mr. Clampett (or whatever your name is) please send me a private message. I want to interview you.

You know - the thing is celebrities get photographed all the time.

However, we all do have to worry about this because we all take pictures and post them here and in other web sites.

I have NEVER had a problem - but if I did I would think just taking it down would be enough.

Carnival took it out of the promotion cruise video - so there is little the guy can do - he can claim they made a profit from him during the three days it was showing if anyone bought it then - BUT no one is going to buy it before the end of the cruise (because it isn't ready) and he was already cut out.

Bottom line - it is going to cost this idiot a lot more to sue than he ever stands to make from it.
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Old December 2nd, 2010, 03:17 PM
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I was chosen to be onstage on the "Glory B" cruise in 2005. I didn't exactly volunteer. I raised my hand in response to a question he asked. The next thing I knew I was seated onstage and Mark Price was singing a song to me. It was fun even though I made a complete fool of myself. All week people asked for my autograph!! Every time I turned on the tv set there I was. I do not ask for royalties or any pay. I say thank you Carnival for the fun time I had and the great memories of a fun cruise.

Laura
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Old December 2nd, 2010, 03:41 PM
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Comedians will use audience members as the butt of a joke all the time. It happened to me on a Princess cruise several years ago. I kept my seat but he pointed to me and the spotlight hit me as he made some comment about me being "Buffet Bob". I laughed with everyone and later even got an e-mailed thanks from the comedian after I wrote about him in some article.

I guess if I used Mr. Cloonpot's logic, I should have sued for royalties and then the comedian should have countersued me and demanded a cut of my writer's fee. Instead I got some material for an article and the comedian got some free publicity.
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Old December 2nd, 2010, 04:51 PM
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This guy is a nuisance who should be banned from crusing.

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Old December 2nd, 2010, 05:22 PM
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Quote:
Originally Posted by Mike M View Post
A number of years ago a person posted their cruise review on the boards. They then demanded that they receive royalties for the number of hits on the thread.

The review went into the Cyber trash can.

Take care,
Mike
Hey I have written two cruise review. Show me the money. Here is a picture of me holding my breath waiting for it.
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Old December 2nd, 2010, 05:38 PM
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Quote:
Originally Posted by Dave Beers View Post
Comedians will use audience members as the butt of a joke all the time. It happened to me on a Princess cruise several years ago. I kept my seat but he pointed to me and the spotlight hit me as he made some comment about me being "Buffet Bob". I laughed with everyone and later even got an e-mailed thanks from the comedian after I wrote about him in some article.

I guess if I used Mr. Cloonpot's logic, I should have sued for royalties and then the comedian should have countersued me and demanded a cut of my writer's fee. Instead I got some material for an article and the comedian got some free publicity.
On the Carnival Freedom Cruisemates cruise in 2008 my hubby went on stage with the comedian/ventriloquist. My hubby was his dummy (puppet). The thing with my husband looks super serious, he is actually super funny. His Facial expressions had the audience cracking up. He even gave the ventriloquist/comedian a look the totally cracked him up.

Sadly I didn't have my camera on hand. Lucky for me Ray B was there and he did have a camera so I have this great picture. Thank Ray B!!! My Hubby is the cute one in the Hawaiian shirt. He didn't expect royalties, never even crossed his mind. He had such a great time doing it and I had a great time watching him. His only wish was to get a tape of him on stage. But do to copyright issues there was no tape.

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Old December 2nd, 2010, 08:46 PM
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John has said the guy claimed to be a member of SAG.

I recently posted to the blog that he needs an embarkation day Fun Times breaking down all the issues that seem to pop up frequently lately.
1. Smoking and e-cigs.
2. Chair saving on lido and showroom.
3. Contract details where pax images can be used.
etc.

John also mentioned that there is something in the cruise contract that will make this suit moot pretty qucikly.
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Old December 2nd, 2010, 10:03 PM
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*shakes head* It's sad that there are people like this, but they seem to be everywhere. It makes life bad for the rest of us.

I can just see the CDs starting the Welcome Aboard show from now on with a pitch about people not being paid if they want to join the fun.

Looks like this guy loves attention, and now he's getting it.
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Old December 2nd, 2010, 10:07 PM
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I would LOVE to see them put out that CD with his face blurred out in every single scene.

Listen - I lived in Hollywood for 12 years, I KNOW the attitude of entitlement there.

I just moved my sister out of downtown Hollywood two weeks ago (her house was foreclosed on).

She still can't understand how the bank was able to take her house - even though she signed the mortgage and took all of their money.

She's the victim, society's child, (you get the idea).
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Old December 2nd, 2010, 10:19 PM
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Katlady....

"But due to copyright issues there was no tape."

That's right, Carnival forbids US from videotaping their shows... hmm, maybe there is something to this. (just kidding).

It is a little ironic, though, that the cruise line claims proprietary rights to use your image, but then when a passenger disagrees its an issue.

But this guy did not just object - he demanded money and apparently sued. That is over the top.
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Old December 3rd, 2010, 03:55 PM
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Quote:
Originally Posted by Paul Motter View Post
Katlady....

"But due to copyright issues there was no tape."

That's right, Carnival forbids US from videotaping their shows... hmm, maybe there is something to this. (just kidding).

It is a little ironic, though, that the cruise line claims proprietary rights to use your image, but then when a passenger disagrees its an issue.

But this guy did not just object - he demanded money and apparently sued. That is over the top.
My hubby didn't want to sue or sell the tape. He wasn't even thinking of money or he had just done an "appearance." He knew he was a volunteer. He didn't even want a tape to take home. He just wanted to see the show to see how he did. I wasn't surprised when he couldn't get a tape of the show. I know you aren't suppose to video tape the shows for copyright reasons.
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Old December 3rd, 2010, 04:41 PM
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People are just nuts!!!
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Old December 3rd, 2010, 07:10 PM
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I, too have been in video on board,,one on the Valor of me in the pool games..never thought to ask for monies or anything,,,it was fun and I did indeed volunteer...I agree that we have become so lawyered up we will sue for anything...I hope that Carnaval is successful in getting this suit stopped and that we, the consumer, do not get stuck with some added costs to our fun crusies.. wipala
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Old December 3rd, 2010, 07:21 PM
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Default Passenger Contract

I don't see how he has a leg to stand on. Here is a link to the Passenger Contract and I've copied section 14. He agreed to this when he accepted his tickets.

Ticket Contract | Carnival Cruise Lines

14. CARNIVALíS USE OF GUESTíS LIKENESS

Carnival and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carnivalís sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
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Old December 3rd, 2010, 07:34 PM
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Quote:
Originally Posted by Snoozeman View Post
I don't see how he has a leg to stand on. Here is a link to the Passenger Contract and I've copied section 14. He agreed to this when he accepted his tickets.

Ticket Contract | Carnival Cruise Lines

14. CARNIVALíS USE OF GUESTíS LIKENESS

Carnival and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carnivalís sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
This is what John mentioned when this first surfaced. Really lays it out.

I'm the first to admit I don't know all of whats in my ticket contract but I have enough common sense to know whats reasonable.

Paul, I lived in LA for awhile also. I recall walking downtown, Hollywood, Santa Monica and "The Bu" where you may pass a sign that reads " You are entering an area where a film is being shot. Passing beyond this point constitutes permission of your appearance......."
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Old December 3rd, 2010, 07:57 PM
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Let me give you another example of a clueless (urban city) guy.

When we built our new house in the country a salesman from Waco drove out to sell us hardware. It's a bit more than an hour drive and we really do live way-out and at that time four miles on a gravel road. After he was finished he said that a few miles back on the road he hit a bird (may have been a buzzard or turkey) and it cracked his windshield. He asked me, "who do I need to talk to about repairing the damage?"

I said, "I dunno, God?"


BTW--No offence to other urban or city folk intended.
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Old December 5th, 2010, 05:03 PM
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I read John's blog almost every day and followed with this saga while it took place. I do not beleive the guy will get a penney but it will cost hime plenty for the lawyers. One thing I do remember from the blog is that John stated he had googled the guy and found nothing, they guy has never had any credited part in any tv show or movie. I guess he figured he finally found a paying part and then no money for it so of course he has to sue.
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Old December 10th, 2010, 10:22 AM
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We sailed with John on the Dream earlier in March of this year. There was a guy on that sailing that was HILARIOUS. John milked him all week. Now HE deserved a royalty. My son wasn't even 3 years old at the time, and he STILL talks about the guy on the cruise from Stinky Creek.

HEre is a clip:
untitled by John Heald
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