Many disputes involving cooperative works are caused by the contradiction of determining the identity of co-authors, and these disputes are also difficult to solve. China's legislation stipulates: "People who have not participated in the creation cannot become co-authors." However, after all, this is too natural and cannot be used as a criterion for judging "creative labor". In addition, although the elements of the cooperative work have been determined, it is still difficult to determine the co-author only according to it. This is because:

(1) It is impossible to judge whether the works provided by the creative participants are creative or labor-oriented according to the prior agreement;

(2) The meaning of "creative labor" is too broad and general, and only a few jobs are not creative pure labor.

In this regard, scholars have put forward different theories: Mr. Zhang Pei-lin published the article "On Determining the Boundary of Copyright Sharing" in the No.1 199 1 of Copyright, and put forward "value determinism". According to article 13 of Copyright Law and referring to the theory of labor creating value in political economy, this paper puts forward that whether copyright can be shared depends on the creative labor that determines the value of a work, which is the creative labor that determines the value of a work (academic, artistic, etc.). Therefore, scholars believe that.

Mr. Li Chishan published an article "Co-creation Deciding Copyright Sharing-Discussion with Comrade Zhang Peilin" in the second issue of copyright199/kloc-0. The article thinks that the practical effect of introducing value scale is to make us more vague in concept and judgment.

(1) The fuzziness of the concept of "value". Value in political economy refers to general and undifferentiated human labor condensed in commodities. In the process of the formation of works involving several people, although the labor form and division of labor of each participant may be different, they can all be abstracted as a certain amount of undifferentiated labor, that is, value. Even those who participate in general labor cooperation in the process of the formation of works, their labor value is condensed in the works.

(2) the fuzziness of "value" judgment. "Value determinism" holds that only the author who embodies certain academic and artistic values in his own works can become a co-author. This obviously violates the "originality" requirement of the work and should not be the standard for judging the co-authors.

The latter thinks that "value determinism" broadens the scope of people's recognition of creative labor, that is, the creative results embodied in the works should be considered from the perspective of value, but because of the ambiguity of the concept of "value" and judgment, it cannot be used as a standard for judging co-authors. In the second issue of Copyright 1993, Mr. Fu Xincai published an article "On the criteria for identifying co-authors" and put forward "the criteria for the source of original ingredients in works". The article holds that the core of copyright is the originality of works, whether individual works or cooperative works. Only the person whose work directly increases the originality of the work is the author (according to the Supreme People's Court's judicial interpretation, the composition is not limited by quantity). Otherwise, even if his work contains quite high and complex skills (and therefore creative, not ordinary labor), he is not qualified to be an author.

This view holds that the work should be the result of the author's creative labor, manifested as the result of the author's intellectual or spiritual activities, and is an original work with personal style. Therefore, for people who participate in a cooperative work, they can become co-authors only if the results of their labor finally constitute the original composition of the work.