The Conseil d’État rejected Cosmo Wenman’s appeal on 23 December 2025, ruling that works in the Musée Rodin collection and their reproductions—including digital reproductions—were not administrative documents accessible through the procedure at issue. The court ordered Wenman to pay the museum €3,000. The decision concerned a specific French access-to-documents case, not every 3D scan or every museum.
What the Conseil d’État decided
In decision no. 487950, the Conseil d’État rejected Wenman’s appeal. Its reasoning was that works in the Musée Rodin collection and their reproductions, including digital reproductions, do not qualify as administrative documents under the provisions cited in the case. On that basis, the administrative-document access route did not apply to the disputed point-cloud output. The court also ordered Wenman to pay Musée Rodin €3,000 under Article L. 761-1 of the Code of Administrative Justice. Conseil d’État decision no. 487950
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This is a ruling about the requested material from Musée Rodin and the French legal procedure invoked by Wenman. It should not be read as a general ruling on access to all museum digitization projects or on all 3D data.
Which files were at issue?
The judgment distinguishes the initial scan data from files derived from it. Calling all of them “the 3D scan” can obscure the dispute:
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- Output no. 1: text-format coordinates in three-dimensional space forming a point cloud captured during high-definition digitization. This was the source data.
- Outputs nos. 2–5: files generated from the source data, meshed and textured to allow visualisation.
A point cloud records sampled locations in space; a mesh connects points into surfaces, and texture data can add visual appearance. In this case, the legal dispute treated the source point cloud and the derived visualisation files as distinct outputs. Conseil d’État decision no. 487950
How the two court decisions differ
Wenman sought records connected to Musée Rodin’s digitization campaign. The museum refused his request in December 2018, and the French Commission for Access to Administrative Documents (CADA) issued an opinion in June 2019. The Administrative Tribunal of Paris then ruled on 21 April 2023. Administrative Tribunal of Paris, judgment no. 1926348/5-1
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| Court and date | Disposition |
|---|---|
| Administrative Tribunal of Paris, 21 April 2023 | Ordered communication of derived outputs nos. 2–5; rejected the request concerning point-cloud output no. 1. It also disposed of claims about documents that did not exist or had been communicated during the case. Judgment no. 1926348/5-1 |
| Conseil d’État, 23 December 2025 | Rejected Wenman’s appeal, applying its reasoning about the status of collection works and their reproductions under the relevant administrative-document rules; ordered €3,000 in costs. Decision no. 487950 |
The 2023 judgment’s order to provide outputs nos. 2–5 did not mean the tribunal also granted access to the source point cloud. The Conseil d’État’s 2025 decision resolved the appeal and left Wenman without the requested point-cloud access under this legal route.
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Wenman published a first-person account on 28 September 2026, titled “Treachery in the Rodin Museum 3D Scan Verdict.” It criticizes the museum and the courts and makes allegations about the museum’s conduct. Those are Wenman’s claims and interpretation; they are not findings stated in the Conseil d’État’s judgment. Wenman’s account
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Wenman also reports that public rapporteur Leila Derouich began her hearing presentation with the phrase “sometimes a document is not a document.” That wording appears in Wenman’s account, not in the reviewed judgment; it should therefore be attributed to him rather than presented as a verified quotation from the decision. The Conseil d’État identifies Derouich as the public rapporteur. Wenman’s account Conseil d’État decision no. 487950
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What this means for access to the scans
The practical result is specific: the Conseil d’État rejected the appeal concerning the disputed point-cloud output because it did not treat the collection works and their reproductions as administrative documents accessible through the cited procedure. The lower court had separately ordered access to the derived visualisation files. The ruling does not establish that every digital file held by a museum is outside access laws, nor does it address other legal routes or other institutions.
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