In a nutshell,
1.- Art has to represent the reality of mankind through the subjectivity of the artist, so it goes without saying that it has to be original, we all have our own way of seeing things that´s what makes subjectivity important.
2.- It has to represent a culture, that´s why certain branches of art develop through the years, how can you represent world war II if you where born in the eighties? That´s why representations exist, those are the "artists" that use old styles or techniques to create their work. Since they are not really representing their own ideas, or cultures, for me its more of an artesanal work than art.
3.- And last but not least, it has to respect rules, elements, technique, have in account the creator and the spectator. Of course you could say, most of the great artist of all times didn´t respected rules, but they sure did, their own, they had their own logic that made a lot of sense, wich made way to new tendencies and techniques.
I really don´t understand what do you mean when you separate art from "fine art" if you are refering to what the media sells as art and "fine art" as real art, media isn´t contemporary, and art HAS to be contemporary, if it isn´t then it´s just a representation or recreation of something that has already been done, an example, how media is starting to show installations, exhibitionism, performances, flash mobs and common objects found in our surroundings as art when that´s a movement that had their origins in the 70´s.
I apologize for my english, it´s not my main language and I feel I can´t express as fluidly as I would like to.