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The idea/expression dichotomy is criticised by some commentators, it is argued that why a work that requires skill in its implementation should be better protected than creative element in the human mind. See D I Bainbridge, Intellectual Property, (6th edition， Pearson Education, 2006).

Some commentators have suggested that Locke actually assented to a personality theory.  With this understanding of Locke's labour theory, the difference between these two theories may be minimal.

Reward arguments

Reward arguments employed a variant of natural rights arguments and consider copyright as a legal expression of gratitude to an author who has invested labour, skill and judgment in creating a work and given the work to public. 22 The copyright allows the general public to decide the degree to which the copyright owner should be rewarded by the consumption or appreciation of the work.

Utilitarian arguments

The utilitarian theories can be traced back to the first modern copyright law, the Statute of Anne 1709. The statute is prefaced by this sentence “An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Author's Purchasers of such Copies.”

In contrast with the natural rights and reward arguments which focus on the creator's private interest, the incentive-oriented theories emphasise on public interests.

The rationales argue that copyright protection which stimulates the production and public dissemination of intellectual works is an important activity and socially vaulable.

Furthermore, there is a need for artificial incentive to rectify the market failure. The reason is while copyright works are often very expensive to produce, the nature of public goods renders them vulnerable for being duplicated and exploited by free riders. The purpose of granting exclusive rights of authorship is to avoid such economically inefficient outcome. Without copyright, the situation could resemble the prisoner's dilemma: for every winner, there is a loser. More specifically, if Publisher A felt free to copy without paying Publisher B who paid royalties to their own authors, it is difficult, if not impossible, for Publisher B to reap its investment, and this will adversely affect the creation of socially beneficial intellectual works; but if the costs of creation incurred in both publishers, then each could do moderately well and more books would be available in the pubic domain.

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