VCX Ltd. v. Pierre Productions, Inc.

MEMORANDUM **

Respecting the district court’s determination that Appellant James Bochis’s post-deposition declaration was more contradiction than explanation, compare Radobenko v. Automated Equipment Corp., 520 F.2d 540, 544 (9th Cir.1975), with Messick v. Horizon Industries, 62 F.3d 1227 , 1231 (9th Cir.1995), 1 we affirm the grant of summary judgment. Upon excluding Bochis’s declaration, the court properly found that Bochis had not controverted VCX Limited’s evidence that the Perainos (who Bochis had testified were licensees of the copyright registrant, Pierre Productions) were exhibiting the film without the copyright notice, thus injecting the film into the public domain (and rebutting any pre *622 sumption of the validity of the copyright registration). See Acad. of Motion Picture Arts and Scis. v. Creative House Promotions, Inc., 944 F.2d 1446, 1451-52 (9th Cir.1991) (presumption of validity may be rebutted by evidence work has entered public domain).

We decline to reach Bochis’s argument regarding the proper corporate name of VCX Limited, Inc., as it is not properly presented for the first time on appeal. See United States ex rel. Reed v. Callahan, 884 F.2d 1180 , 1183 n.…