Yes, I think that the intent of the photographer is important in drawing a line between "art" and not-art.
Originally Posted by Q.G.
Sometimes I think that even the intent to create art is not enough. I generally would not describe myself as an artist, because I think that whether what I produce amounts to art is not for me to judge. Alternatively, perhaps the intent to create art is enough, in which case it is for others to judge whether it is good art or bad art.
In practice, I think the term "fine art" is often just used as a marketing term by galleries to justify high prices, or high praise, for questionable art.