# A Wuhan court just made AI production costs a legal factor in copyright infringement cases

> Source: <https://the-decoder.com/a-wuhan-court-just-made-ai-production-costs-a-legal-factor-in-copyright-infringement-cases/>
> Published: 2026-09-28 10:39:52+00:00

# A Wuhan court just made AI production costs a legal factor in copyright infringement cases

**Token usage and AI tool licensing fees have been included in a copyright damages calculation for the first time.** A court in Wuhan, China made the ruling in a dispute over an AI-generated short drama, [the National Law Review reports](https://natlawreview.com/article/wuhan-court-considers-ai-token-costs-calculating-damages-copyright-infringement-ai).

The decision extends China's growing copyright protections for AI-created works. Back in 2023, a Beijing court already [granted copyright protection](https://the-decoder.com/beijing-internet-court-grants-copyright-to-ai-generated-image/) to an AI-generated image. In this case, a company used AI tools in early 2026 to produce a one-hour short drama and published it on platforms like WeChat. One day later, another company copied the work, gave it a new title, and ran ads in it.

The court classified the drama as a protectable audiovisual work because employees had made [their own creative decisions](https://the-decoder.com/even-most-intricate-prompts-wont-earn-you-copyright-on-ai-content-us-officials-warn/) at every stage, from the script to prompt design, selection of AI outputs, and final editing. The AI was just a tool. Beyond AI-specific costs, the court also weighed traditional factors like runtime, distribution reach, and how long the infringement lasted.

It awarded the plaintiff 20,000 RMB (about $2,900) and recommended that creators keep records such as scripts, prompt drafts, and project files.

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[National Law Review](https://natlawreview.com/article/wuhan-court-considers-ai-token-costs-calculating-damages-copyright-infringement-ai)
