Fisher points out that the rights - based, non - utilitarian theory is greatly influenced by two concepts: (1) the western ideology of property from Locke (that people are entitled to own the fruits of their labors, and should be rewarded in proportion to their contributions); and (2) the “romantic conception of authorship” of the divinely inspired individual genius or artist (1999, Sect. II. B).

The critical difference comes out in the details, especially the amount of time rights are protected and the scope of rights allowed

This paper establishes cause to suspect that current intellectual property policy overstep s utilitarian justification, and suggests that a clearer distinction should be drawn between the proper role of U.S. law in intellectual property (that which promotes innovation) and moral questions of creator’s rights.