At least, until Congress says otherwise.
There’s “no indication” that the Copyright Act extends to animals, U.S. District Judge William Orrick wrote in a tentative opinion issued Wednesday in federal court in San Francisco.
“I’m not the person to weigh into this. This is an issue for Congress and the president,” Orrick said from the bench, according to Ars Technica. “If they think animals should have the right of copyright they’re free, I think, under the Constitution, to do that.”
-OPB/NPR
The monkey took the picture therefore the picture should belong to the monkey. Should he so chose, otherwise it should remain in the public domain.