Yvette Marine, Plaintiff-appellant, v. Virgin Records America, Inc., Defendant-appellee, 52 F.3d 333 (9th Cir. 1995)

Before: BROWNING and BEEZER, Circuit Judges, and HAGGERTY,^* District Judge.

MEMORANDUM^** 

Marine waived her right to challenge the jury instruction defining "copyrightable expression." After agreeing with the court's modification of her Proposed Instruction No. 22, which incorporated a paragraph from her Proposed Instruction No. 22A, Marine failed to object to the court's decision not to use the rest of No. 22A's language. Fed. R. Civ. P. 51; Glover v. BIC Corp., 6 F.3d 1318, 1325-26 (9th Cir. 1993).

Marine also waived her right to challenge the jury instruction regarding the "work made for hire" doctrine because the court used one of the two instructions that she proposed. See Gilchrist v. Jim Slemons Imports, Inc., 803 F.2d 1488, 1493 (9th Cir. 1986). Moreover, Marine failed to object to the giving of Proposed Instruction No. 24A. Although she indicated her preference for Proposed Instruction No. 24 in two footnotes in her Objections and Alternatives to Virgin's Proposed Jury Instructions, she did not include those footnotes in her own Revised Proposed Jury Instructions, nor did she voice her objection during the parties' discussion with the court. Glover, 6 F.3d at 1325-26.

Marine is precluded also from challenging the sufficiency of the evidence because she failed to move for a directed verdict at the close of all the evidence. Oslund v. State Farm Mutual Auto. Ins. Co., 242 F.2d 813, 815 (9th Cir. 1957).

We decline to award sanctions.

AFFIRMED.