Ruth Bader Ginsburg

“ That Varsity’s designs can be placed on jackets or T-shirts without replicating a cheerleader’s uniform supports their qualification as fabric designs. The dissent acknowledges that fabric designs are copyrightable, but maintains that Varsity’s designs do not count because Varsity’s submissions depict clothing, not fabric designs. ”

“ In view of the dissent’s assertion that Varsity’s designs are "plainly unoriginal," post, at 11, however, I note this Court’s recognition that "the requisite level of creativity [for copyrightability] is extremely low ”

“ Notes Courts "have struggled mightily to formulate a test" for the separability analysis. 799 F. 3d 468, 484 (CA6 2015) ; see 2 W. Patry, Copyright §3:136, p. 3–420 (2016) (noting "widespread interpretative disarray" over the separability test) ”