That currently applies to photos with animals deliberately triggering the shutter. I would hesistate to say "it's established" without more than one precedent in US case law.

However, candid nature photographs taken with camera traps are copyrighted, and Wikimedia Commons has tolerated this status since 2011.

https://en.wikipedia.org/wiki/Camera_trap

https://commons.wikimedia.org/wiki/Category:Photos_taken_wit...