David Slater says he is the owner of the photo of the grinning black crested macaque that went viral when he posted it online in 2011, and is threatening to sue Wikimedia for lost earnings of up to USD 30,000 (22,500 euros).
But the not-for-profit foundation, which oversees Wikipedia among other online resources, refuses to remove the picture from its bank of royalty-free photographs.
"Under US laws, the copyright cannot be owned by a non-human," Wikimedia spokeswomen Katherine Maher told AFP.
Slater was with a party of Dutch researchers on a small group of Indonesian islands when the curious primates began rummaging through his possessions.
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Slater argues that Wikimedia's defence is based on a technicality, and that there is "a lot more to copyright than who pushes the trigger on the camera".
"I own the photo but because the monkey pressed the trigger and took the photo, they're claiming that the monkey owns the copyright," he said.