Yes, you do have to be careful. Simply labeling it doesn't make it so.
There is a guy in my city who runs around on the web shouting about his "Digital Fine Art Photography".
This man could not take a decent picture to save his life. I mean he somehow manages to hit every cliche' possible in the WORST sense while avoiding anything that might be artistic. His work does have all the soul of webcam image. I mean he is AWFUL. And I rarely say that. I have yet to see a picture of his that doesn't make me want to beat him to death with the collected works of Ansel Adams.
I mean BAD.
Yet in many of his descriptions of his work he talks about how his work is "fine art" and is "elevated, sometimes surreal and sometimes dada".
Apparently surreal means blasting the model with 10,000 W/S and tinting the resulting mess sickly orange. No kidding. I mean BAD. Almost cheap-porn magazine bad. But without even the porn aspect to jusitfy it's existance.
Fine art? No.