I can set my Canon to take a picture after a 10 second delay, so that I don't have to be in the presence of my camera to take a picture. Canon does not own the image, simply because it activated the triggering mechanism.
These primates composed and snapped the photos themselves, unaided, on their own initiative. The providence of the camera doesn't make the camera's owner the copyright holder, any more than using a rented camera makes the rental company owner of the resulting images. Composition and shot timing are the two primary creative acts in photography — the monkeys did both.
I'd argue that a tripwire or any other mechanism of photographer intent to have the animals photograph themselves, would be akin to setting the timer. But, he says it was accidental:
> One of them must have accidentally knocked the camera and set it off because the sound caused a bit of a frenzy, said Slater, 46.
If there is no creativity, there is no copyright. See Feist.
So the delay, and even who presses the button doesn't matter; the only thing that matters is who is responsible for the creative aspects of the photograph.
And, in this case, whether a non-human can, as a legal matter, create an "original work of authorship".
I have no idea if sorting through monkey photos would count, that's a question best addressed to an IP lawyer.
Stakeholders: 1) Owner of bag may claim that it was done on purpose. 2) Owner of camera for the trigger-like aim despite it only happening to camera under severe stress. 3) Baggage handler initiated despite being unaware that the camera took a picture at all until news came out. 4) Baggage company due to contract clause.