Section seven gamma of the Twelfth Guarantee of the Constitution of the United Federation of Planets defines an artist as a "person who creates an original artistic work."
Mister Tuvok used this defense against Arden Broht, who admitted that the Doctor created the original program: Photons Be Free. Based on this, Tuvok concluded that the Doctor should be entitled to all rights and privileges accorded an artist under Federation law.
However, the arbitrator of the case, noted one flaw in Tuvok's logic, the law says that the creator of an artistic work must be a "person" and the EMH doesn't meet that criteria. (VOY: "Author, Author")