Abstract
Due to the special creating process and environment, the Traditional Intellectual Creation of Indigenous (hereafter “TICI”) often is denied with Copyright protection because of lacking individual authorship. This paper aims to focus on the authorial collectivity of TICI, namely the public authorship. As an essentially contested concept, Copyright is filled with contested conception, which enables public authorship model to be discussed in the Copyright discourse. The public can be considered as a co-author through the intent to be an author and the responsibility to preserve human social culture. By testing the Lockean Labour Theory on to Copyright reality, along with Locke’s other works which reveal his insight of Copyright, the fact that every author and original work is social constructed is self-evident. Finally, based on the doctrine of joint authorship in Copyright institution, whether the creation background community can be considered as co-author or not is discussible. Since the creating process of TICI is highly depending on the communal resource and cultural assets which constitute the public authorship. Following Multiculturalism and the purpose of advancing human social culture, TICI should be protected.