How Distinctiveness Affects Perceptual Salience vs. Legal Detection
Distinctiveness in text affects how readers perceive and remember a passage[7D[K passage but does not guarantee its legal detection under copyright law.
The heart doctrine's focus on "what the ordinary observer feels" means that[4D[K that even a less distinct pair can be legally significant if it resonates w[1D[K with the reader, regardless of its salience among surrounding content.
This raises the question: Can a strategy that aims to reduce perceptual sal[3D[K salience inadvertently compromise the passage's legal protection by failing[7D[K failing to capture the reader’s attention?