What is interesting is that the photographer has stated that he never intended the monkeys to take the photos. He left the camera out, and they took the photos. This, in my view, removes any argument that the photographer was the "author" and he was working through the mechanism of using the monkey. The monkey is a free lancer, and the "author" of the work.
Should be interesting to see how a court handles this one!
"The witness will refrain from any further flingage. Counsel may proceed with the examination."