合著作品是指两个或两个以上的人共同创作的怍品。何谓“共同创作”?法学界众说纷纭,归纳起来,可有以下几种;第一种观点认为,“共同创作”是指共同创作人的共同创造性劳动;第二种观点认为,“共同创作”是指共同创作人的共同创作意思;第三种观点认为,“共同创作”是指共同创作人能够形成作品价值的共同创作活动。直观地看这几种观点均有其合理成份,但细细推敲,终难园其说。第一种观点着眼于合著作者的创作行为,但在一些作品中,付出了创造性劳动的人并不一定能成为著作权的主体,如回忆录、职务作品、委托作品的撰写者等。第二种观点着眼于合著作者的主观意思,以此作为标准来认定合著作品,会将一部分合著作品排除在外,如现在的作者为古诗词谱曲、为古画题词等。这些合著作品的作者因为时间上的间隔,不可能有共同创作的意思。第三种观点着眼于作品的价 Co-authored works refer to co-authored works of two or more people. What is “co-creation”? There are many different opinions in the field of law, which can be summed up as follows: The first view is that “co-creation” refers to co-creation of co-creative work; the second view is that co-creation is Refers to the common creator of the co-author of the meaning of the third point of view, “Co-authoring” refers to co-creators to form the value of co-creation activities. Intuitively see these views have their reasonable ingredients, but careful scrutiny, and ultimately difficult to park its. The first view focuses on the co-authored author's writing, but in some of the works, those who have given creative work may not necessarily be the subject of copyright, such as memoir, job title, and author of the commissioned work. The second view focuses on co-author's subjective meaning, as a standard to determine the co-operation, will be part of the co-operation excluded, such as the current author is the ancient poetry music composition, the old painting inscriptions. Because of the time interval, authors of these co-authored works can not co-create. The third view looks at the price of the work