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In 2378, Lieutenant Commander Tuvok used this defense against Ardon Broht in a legal proceeding regarding the holoprogram Photons Be Free. Based upon Broht's admission that The Doctor had created Photons Be Free, Tuvok argued that The Doctor should be entitled to all rights and privileges accorded an artist under Federation law.
However, the arbitrator of the case noted a flaw in Tuvok's logic: The law said that the creator of an artistic work must be a "person" and the Emergency Medical Hologram did not meet that criteria. (VOY: "Author, Author")