It's not fine art because the artist isn't choosing the subject and presentation. If you commission me to do a portrait of you, that's fine art. If you hire me to make a copy of an existing image in paint, that's strictly a commercial task.

The basic aspect of art is that I as the artist make the decisions about what the painting is going to look like. Damien Hirst is a fine artist, his assistants are not (while they're working on his paintings obviously).