If you're happy to openly view it on the train to work it's art, if not it's porn.
Anáil nathrach, ortha bháis is beatha, do chéal déanaimh.
I think the work of Robert Marplethorpe qualifies as both art and porn.
Claire (Ms Anne Thrope is in the darkroom)
Definitions from Black’s Law Dictionary, Fifth Edition, 1979.
“Art”. “Systematic application of knowledge or skill in effecting a desired result; also such employment, occupation , or business requiring such knowledge or skill; a craft; as industrial arts.”
“Pornographic”. “That which is of or pertaining to obscene literature; obscene; licentious. Material is pornographic or obscene if the average person, applying contemporary community standards, would find that the work taken as a whole appeals to the prurient interest and if it depicts in a patently offensive way sexual conduct and if the work taken as a whole lacks serious literary, artistic, political or scientific value. Miller v. California….”
“Prurient Interest”. “A shameful or morbid interest in nudity, sex or excretion…. Prurient means having lustful ideas or desires….An obsessive interest in immoral and lascivious matters.” Citations omitted.
“Obscenity”. “The character or quality of being obscene; conduct tending to corrupt the public morals by its indecency or lewdness.
“Material is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters….Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.”
“Pandering of Obscenity.” “Business of purveying pictorial or graphic matter openly advertised to appeal to erotic interest of customers, or potential customers, by either blatant and explicit advertising or subtle and sophisticated advertising.”
“Dominant Theme.” Without meaning of requirement that before any material can be found to be obscene the dominant theme of material taken as a whole must appeal to prurient interist in sex means prevailing, governing, influencing or controlling state.”
That should clear up the issue completely.