How does "Scènes à Faire" VOID this copyright? (Patreon)

Children's book Author Jennie Nicassio has taken a copyright case to the 3rd Circuit Court of Appeals over the question of whether she owns the exclusive copyrights to all stories involving a "young xmas tree which aspires to be the most famous xmas tree in the world".

Let's go over the copyright doctrine of "Scene A Faire", or "scenes which must be done".