Martin Allen Fine v. Tom Petty Jeff Lynne Mike Campbell McA Records, Inc.

974 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martin Allen FINE, Plaintiff-Appellant, v. Tom PETTY; Jeff Lynne; Mike Campbell; MCA Records, Inc., et al., Defendants-Appellees. No. 91-55657. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 20, 1992. Decided Sept. 1, 1992. 1 Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and SHUBB, District Judge. * 2 MEMORANDUM ** 3 Martin Allen Fine appeals the district court's grant of summary judgment to defendants in this copyright infringement action. We affirm. 4 Fine argues on appeal that the district court erred when it found that his composition was published before January 1, 1978, and had therefore entered the public domain. This is a theory different than that which Fine relied upon below. Indeed, in Fine's complaint he alleged that he published the composition before January 1, 1978. 5 We will generally not reach an issue raised for the first time on appeal. United States v.…