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The Conseil d’État rejected Cosmo Wenman’s appeal on 23 December 2025, holding that the requested Musée Rodin collection reproductions—including digital reproductions—were not administrative documents accessible through the French administrative-records procedure at issue. The court ordered Wenman to pay the museum €3,000 in costs. The decision did not rule on every 3D scan or every museum’s files; it concerned this case, these collection works and this legal access route.
What did the Conseil d’État decide?
In decision no. 487950, the Conseil d’État rejected Wenman’s appeal from the Administrative Tribunal of Paris. Its reasoning was that works in the Musée Rodin collection and reproductions of those works, including digital reproductions, do not qualify as administrative documents under the provisions cited in the judgment. The administrative-document access procedure therefore did not provide the route Wenman sought for the disputed point-cloud output. Read the Conseil d’État decision.
The judgment also ordered Wenman to pay Musée Rodin €3,000 under Article L. 761-1 of the Code of Administrative Justice. That is a costs order in this appeal, not a general fee or penalty applying to requests for 3D files.
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The judgment describes a digitization campaign the museum carried out with outside service providers between 2010 and 2013 to preserve and analyze collection works and make them better known to the public. It distinguishes the initial point-cloud data from later files made from that source.
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- Output no. 1: text-format three-dimensional coordinates forming a point cloud produced through high-definition digitization. A point cloud records sampled spatial positions; it is not the same thing as a finished, surface-rendered 3D model.
- Outputs nos. 2–5: files generated from the source data, meshed and textured to allow visualization. A mesh connects points into surfaces, and texture supplies visual surface detail.
That distinction matters because the lower court treated the two categories differently. The case was not simply a request for one interchangeable “3D scan” file.
How did the 2023 and 2025 rulings differ?
| Proceeding | What the court did |
|---|---|
| Administrative Tribunal of Paris, 21 April 2023 | Ordered communication of derived outputs nos. 2–5, rejected the request concerning point-cloud output no. 1, and disposed of claims relating to documents that did not exist or had been communicated during the case. See judgment no. 1926348/5-1. |
| Conseil d’État, 23 December 2025 | Rejected Wenman’s appeal. It held that works in the museum’s collection and their reproductions, including digital reproductions, were not administrative documents under the relevant provisions. It also ordered the €3,000 costs payment. |
Thus, the tribunal’s order for derived visualization files should not be confused with the Conseil d’État’s final appellate disposition. The final decision rejected the appeal; it did not turn the 2023 order into a general disclosure rule for museum 3D models.
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What the ruling does—and does not—establish
The holding is tied to the Musée Rodin collection, the requested reproductions, and the French administrative-document access provisions considered by the court. It does not establish that all digital files held by all museums are outside access laws, nor does it decide what access might be available through a different legal process or under another jurisdiction’s rules.
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It also does not erase the technical distinction between raw point-cloud coordinates and derived mesh-and-texture files. Those file types were separately described in the judgment, and the two courts’ procedural outcomes differed across them.
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Wenman’s account versus the court’s findings
Wenman’s 28 September 2026 essay is a first-person account by the requester and appellant. It makes allegations about the museum’s conduct and criticizes the courts’ reasoning. Those are Wenman’s claims and interpretations; they should not be described as findings of the Conseil d’État judgment. Read Wenman’s account.
Wenman also reports that public rapporteur Leila Derouich began her hearing presentation with the phrase “sometimes a document is not a document.” That wording is reported by Wenman, does not appear in the reviewed judgment, and is not independently established here as a verbatim hearing quotation. The judgment itself identifies Derouich as the public rapporteur.
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