There’s no precedent. The lower court ruled that the photo was in the public domain, as nonhuman animals can’t hold copyright. The appeals court was looking like it’d stand by that decision, and since PETA and the photographer both don’t want the image in the public domain, they’re settling.
The settlement is asking for that ruling to be vacated, arguing that an agreement between PETA and the photographer should not require the monkey to acquiesce to the agreement. So, either the court will disagree and let the ruling stand, stating that monkeys definitely can’t hold copyright, or they’ll vacate the decision in which case the law will still say that monkeys definitely can’t hold copyright.
(Sorry for the overly serious reply to a ridiculous case.)
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