14 July 2022

C O S M O . W E N M AN @ G M AI L . C O M
C O S M O W E N M AN . C O M
2369 AN DERSEN L AN E
VISTA, CA, 92084
310 780 5130

To the attention of the Commission for Access to Administrative Documents

Mesdames, Messieurs,
I am engaging the CADA today to appeal the refusal by the Réunion des Musées Nationaux Grand Palais to communicate to me its high-resolution color 3D scan of the sculpture« Panthère marchant » by Rembrandt Bugatti and its two low-quality 3D scans of the same
sculpture. I also appeal RMN-GP’s refusal to communicate the fees and licenses necessary for
their reuse.
A summary of my requests and RMN-GP’s refusals are on the following pages, followed bypertinent facts, notably the specific filenames of the low-quality versions of the requested 3Dscans. I also include my complete correspondence with RMN-GP and several supporting
documents. I submit two documents in total for your consideration:
01_20220714 Cosmo Wenman RMNGP faits et correspondance.pdf
02_20220714 Cosmo Wenman RMNGP documents justificatifs.pdf
These documents will allow you to see that for many years RMN-GP has systematically
advertised the communicability and sale of the requested 3D scans and that it continues to do
so today. However, RMN-GP seems determined to refuse to communicate theseadministrative documents, to the point of sabotaging any opportunity to generate revenue fromthe sale of these 3D scans or any others it has already produced.
When I made a request for the communication of the high-quality version of the 3D scan formy personal, non-commercial use, RMN-GP simply refused. When I drew RMN-GP’sattention to the recent opinions of the CADA relating to the communicability of 3D scans, the
RMN-GP remained silent. Moreover, despite my direct request, the RMN-GP even refused tosend me a reasoned written decision, and did not inform me of any means for appeal.
I thank you for your attention to this matter.
I am at your disposal to answer all your questions on this subject.
Cordially,

Cosmo Wenman

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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Summary of my requests to RMN-GP
3 May 2022: I send a request to RMN-GP via agence.photo@rmngp.fr for the communicationof its high-quality color 3D scans of the sculpture « Panthère marchant » and the fees andlicenses necessary for its reuse.
4 May 2022: RMN-GP acknowledges receiving my request and asks me for what purpose I
wish to use the document and for my address for billing purposes.
4 May 2022: I respond that I want the document “for personal use; to study, analyze andappreciate the technique and artistic style of the sculptor.” In this same message I provide mybilling address and contact information and reiterate my request for the appropriate license
conditions and fees.
19 May 2022: Having received no response to my request, I ask RMN-GP again if they cansend me the requested document as well as the information relating to the license.
20 May 2022: RMN-GP responds to refuse to communicate the requested high-quality
documents. RMN-GP does not give me a reasoned explanation and does not inform me of themeans or deadlines permitting me to appeal its refusal.
20 May 2022: I ask RMN-GP to communicate to me the two low-quality versions of therefused document and the information relating to the license and fees. I identify the specificnames of the files requested, which appear (but are not downloadable) on RMN-GP’s various
online announcements.
20 May 2022: An employee of RMN-GP replies that she is not authorized to communicate therequested documents and that she has passed the matter on to the responsible RMN-GP
personnel.
22 May 2022: I write to responsible RMN-GP personnel to remind them of the many RMNGP announcements concerning the availability of the requested documents. I draw theirattention to a recent CADA advisory and two recent CADA findings clarifying thecommunicability of 3D scans. In addition to requesting the two low-quality versions of the 3D
scan, I also request that RMN-GP reconsider its refusal of 20 May 2022 to communicate thehigh-quality version.
28 June 2022: Having received no response from RMN-GP for more than one month, I write
to RMN-GP to request the submission of the case to the RMN-GP’s PRADA. I remind RMNGP of its ongoing advertisements, notably the announcements of the availability of two new
3D scans which debuted since the start of my requests. I ask RMN-GP to make a decision on
my requests, and in the case of refusal request a reasoned written decision and an indication of
the means for me to make an appeal.
11 July 2022: Having received no response from RMN-GP, I write to inform them that if they
do not respond with an positive response before 13 July 2022, I will engage the CADA.
RMN-GP has not responded to my requests since 20 May 2022 through the writing of thisletter.

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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The subject, existence and communicability of the requested administrative documents
The sculpture « Panthère marchant » by Rembrandt Bugatti, an Italian national, was firstpublished in 1905 and has been the subject of numerous public exhibitions.1 The sculptor
having died in 1916,2 all his works entered the public domain many decades ago. The original
sculpture and all casts, copies, reproductions, and replicas thereof are in the public domain andare not protected by copyright. Neither the French state, RMN-GP, its employees, agents, orservice providers, have droit moral over this work, nor its casts, copies, reproductions, or
replicas.
Within the framework of its public service mission, RMN-GP has produced and now holds
administrative documents in the form of 3D scans of this work. RMN-GP confirms theexistence and communicability of these documents on the following sites, where it offers themfor sale to the public and shows low-quality preview visualisations:
RMN-Grand Palais site:
https://www.photo.rmn.fr/archive/R5N410138-2CO5S9PSEJYS.html
Advertisement published continuously since 5 January 2018:https://sketchfab.com/3d-models/panthere-marchant-rembrandt-bugatti668fb318ce0446c4adfe6fe16949be27
Advertisement published continuously since 5 December 2021:
https://sketchfab.com/3d-models/panthere-marchant87476ecb8a7546ef911804e7555e5f65

Identifying the low-quality versions of the requested 3D scans
The filenames of the two requested low-quality versions are listed on RMN-GP’sadvertisements on SKETCHFAB.COM, though the files themselves are not downloadable.
The filenames are specified in my request to RMN-GP of 20 May 2022, as follows:
Low-quality version online since 5 December 2021 at:https://sketchfab.com/3d-models/panthere-marchant-87476ecb8a7546ef911804e7555e5f65
RF005988_PanthereMarchant_RembrantBugatti_LP.obj ( ~221 900 polygones, 30 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.mtl ( 741B )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_ao.jpg ( 8192x8192, 8 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1001_basecolor.jpg ( 8192x8192, 8 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1001_metalness.jpg ( 8192x8192, 4 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1001_normal.jpg ( 8192x8192, 7 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1001_roughness.jpg ( 8192x8192, 10 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1002_ao.jpg ( 8192x8192, 6 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1002_basecolor.jpg ( 8192x8192, 9 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1002_metalness.jpg ( 8192x8192, 4 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1002_normal.jpg ( 8192x8192, 5 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1002_roughness.jpg ( 8192x8192, 12 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1003_ao.jpg ( 8192x8192, 5 MB)12

https://www.musee-orsay.fr/en/artworks/panthere-marchant-5195
https://en.wikipedia.org/wiki/Rembrandt_Bugatti

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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RF005988_PanthereMarchant_RembrantBugatti_LP.1003_basecolor.jpg ( 8192x8192, 7 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1003_metalness.jpg ( 8192x8192, 3 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1003_normal.jpg ( 8192x8192, 4 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1003_roughness.jpg ( 8192x8192, 10 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1004_ao.jpg ( 8192x8192, 3 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1004_basecolor.jpg ( 8192x8192, 3 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1004_metalness.jpg ( 8192x8192, 2 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1004_normal.jpg ( 8192x8192, 2 MB)
RF005988_PanthereMarchant_RembrantBugatti_LP.1004_roughness.jpg ( 8192x8192, 4 MB)

Low-quality version online since 5 January 2018 at: https://sketchfab.com/3dmodels/panthere-marchant-rembrandt-bugatti-668fb318ce0446c4adfe6fe16949be27
RF005988.fbx ( ~600 000 polygons, 20 MB)
RF005988_normals.jpg ( 4096x4096, 4 MB)
RF005988_occlusion.jpg ( 4096x4096, 3 MB)
RF005988_LP_600k_0.png ( 8192x8192, 16 MB)

It is possible that the filenames as actually held by RMN-GP have spaces ( ) instead ofunderscores (_), or similar variations, as they may be displayed differently in RMN-GP’sadvertisements than as they actually exist on RMN-GP’s hard drives. The public must rely on
RMN-GP’s good faith to be provided with the same documents used in its advertisements’
low-quality visualisations, regardless of their specific filenames.

Identifying the high-quality versions of the requested 3D scans
RMN-GP does not publicly identify the filenames or formats of the high-quality versions of
the 3D scans it advertises, but the files may have similar names and formats to the low-quality
versions. The requested high-quality 3D scans are likely to consist of several administrative
documents, probably a document in “.OBJ” or similar format, which is an open, text-basedformat for saving a list of three-dimensional numeric coordinates, and one or more related text
and image files for associated colorimetric data.
The high-quality version may use filenames that are nearly identical to the low-quality
versions, except where the low-quality filenames include the term "LP," the high quality
versions may use "HP" (for "low-poly", as opposed to "high-poly," i.e. the quantity ofpolygons, a characterization of the resolution). However, there are many different formats andfilenames possible, and the 3D scan may consiste of a single file or several files. The publicmust rely here on the good faith of RMN-GP, as it is not possible to guess or predict the
specific name of the high-quality versions of the files requested.
For the high-quality version, I want the highest resolution version of the requested
administrative document held by RMN-GP at the time of my request of 3 May 2022,
regardless of its name and format.

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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Calculation and publication of fees and licenses
The CADA may observe that RMN-GP does not publish its license conditions or fees on its
internet site. The CADA may wish to take note of any specific fees set out by RMN-GP in its
response to this case and how those fees are calculated. Among my concerns is the possibility
that the eventual response of RMN-GP to the CADA may have the appearance of offering tocommunicate the requested administrative documents, but which may by virtue of
inappropriate or excessive fees have the actual effect of reiterating its improper refusals.
To prevent this eventuality and to ensure that RMN-GP treats the public in a fair and nondiscriminatory manner, I modestly ask the CADA to remind the RMN-GP, if necessary, that it
may be required by law to post information about its fees and licenses on its website inadvance, and that the law governs how its fees are calculated.

Requirement for multiple requests
Since RMN-GP divulges information on fees and licenses for its 3D scans only relucantly andon an ad hoc basis, the public must make separate demands for each administrative document
it is interested in, and for each usage case it is considering. In my case, I am interested in alarge number of RMN-GP’s 3D scans for diverse uses.
Since RMN-GP seems to be predisposed to improperly refuse to communicate to me even asingle one of its files, I fear that it will wrongly characterize my current and future requests forcommunication of this and other 3D scans as "abusive" simply on the basis of the large
number of requests I must make. I fear that RMN-GP will improperly refuse this request forcommunication and those to come on this erroneous basis.
The CADA is certainly not in the habit of commenting on hypothetical future refusals, but I
suggest that it nevertheless takes this issue into account when examining any response that
RMN-GP to this case, insofar that RMN-GP currently advertises the communicability ofmore than 800 3D scans and holds more than 2,000 in total.3 Currently, because of theprocesses in effect, any request for even a single one of these files – and certainly for morethan one – could easily be deliberately misinterpreted by RMN-GP as "abusive" and therefore
improperly refused without basis. (Indeed, this may be by design.)

3

RMN-GP 2021 rapport d’activite, page 219,https://www.grandpalais.fr/Rapports_Activite/2021/#/page/219

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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Correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

From:
To:
Sent:
Subject:

Cosmo Wenman cosmo.wenman@gmail.com
agence.photo@rmngp.fr
3 May 2022, 15:07 (PST)
Request for license information

I am interested in RMN’s 3D scan of « Panthère marchant » by Rembrandt Bugatti, which is advertised
at: https://photo.rmn.fr/archive/R5N410138-2CO5S9PSEJYS.html
This digital 3D model is also advertised at this page, which explains that a higher quality version of this
3D model is available: https://sketchfab.com/3d-models/panthere-marchant-rembrandt-bugatti668fb318ce0446c4adfe6fe16949be27 This page also advises contacing agence.photo@rmngp.fr toobtain licensing information.
When I try to purchase this 3D model via https://photo.rmn.fr/mycart, the only options relate to 2D
images.
To clarify, I am interested in accessing the actual 3D model, not 2D images. And I am interested in thehighest quality version of the 3D scan available.
Can you please tell me what are the license conditions and fees for access and different uses of this 3Dmodel?
Thank you,
Cosmo Wenman
cosmo.wenman@gmail.com

From:
To:
Sent:
Subject:

Agence Photo Agence.Photo@rmngp.fr
Cosmo Wenman cosmo.wenman@gmail.com
4 May 2022, 01:03 (PST)
RE: Request for license information

Bonjour,
We have received your request and thank you for it.
In order to inform you of our fees and conditions of reuse, can you please give us the details of yourproject (private, editorial, commercial…) and specify your billing address for the iconographic rights.
Bien cordialement,
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12
Site : www.photo.rmn.fr

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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From:To:
Sent:
Subject:

Cosmo Wenman cosmo.wenman@gmail.com
Agence Photo Agence.Photo@rmngp.fr
4 May 2022, 14:59 (PST)
Re: Request for license information

Bonjour,
I am interested in RMN’s high-quality 3D scan of « Panthère marchant » by Rembrandt Bugatti for
personal use; to study, analyze, and appreciate the technique and artistic style of the sculptor.
This analysis would use sophisticated software that would require direct access to RMN’s high-quality
3D scan. It cannot be accomplished using RMN’s on-screen web previews.
The billing address would be:
Cosmo Wenman
2369 Andersen Lane
Vista, CA, 92084
United States
Telephone: 1 310 780 5130
Email: cosmo.wenman@gmail.com
Merci,
Cosmo Wenman
cosmo.wenman@gmail.com

From:
To:
Sent:
Subject:

Cosmo Wenman cosmo.wenman@gmail.com
Agence Photo Agence.Photo@rmngp.fr
19 May 2022, 19:00 (PST)
Re: Request for license information

Bonjour,Will Rmn-GP be able to send me the fee and licensing information for the high-quality 3D scan I
requested? Or is the fee and license information already available online somewhere I can access it?
Alternatively, if there are no fees or licenses required, can Rmn-GP send me the requested 3D scan?
I am also interested in accessing many other Rmn-GP 3D scans for a variety of uses, but I don't want tocreate disruption for Rmn-GP by making repetitive requests. Is there a better way for me to makerequests for these documents and their associated licenses and fee requirements that does not create aburden for Rmn-GP to process?
Please let me know if there is a better way for me to make my requests that is more convenient for
Rmn-GP.
Merci,
Cosmo Wenman
cosmo.wenman@gmail.com

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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From:To:
Sent:
Subject:

Agence Photo Agence.Photo@rmngp.fr
Cosmo Wenman cosmo.wenman@gmail.com
20 May 2022, 01:22 (PST)
RE: Request for license information

Bonjour,
We have received your request and thank you for it.
In order to inform you of our fees and conditions of reuse, can you please give us the details of yourproject (private, editorial, commercial…) and specify your billing address for the iconographic rights.
Bien cordialement,
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12
Site : www.photo.rmn.fr

From:
To:
Sent:
Subject:

Agence Photo Agence.Photo@rmngp.fr
Cosmo Wenman cosmo.wenman@gmail.com
20 May 2022, 01:27 (PST)
RE: Request for license information

Bonjour,
Our 3D models are hosted exclusively on the SKETCHFAB platform.
This activity of 3D reproduction and distribution of models is recent within L’Agence Photo, it is subject
to many constraints and above all to validation by the conservation of the museums which conserve
these works.
L’Agence Photo does not have authorization from our museum partners to deliver 3D models in highdefinition and in OBJ format to individuals.
We are sorry that we cannot respond favorably to your request.
Bien cordialement,
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12
Site : www.photo.rmn.fr

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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From:To:
Sent:
Subject:

Cosmo Wenman cosmo.wenman@gmail.com
Agence Photo Agence.Photo@rmngp.fr
20 May 2022, 05:42 (PST)
Re: Request for license information

Bonjour,Thank you for your message.
If the high-quality versions of Rmn-GP’s 3D scan of « Panthère marchant » are not accessible to me,
can I have instead the low-quality versions which are presented on Rmn-GP’s two Sketchfab pages – thelow-quality .OBJ and .FBX files and their associated color data image files? And the appropriate
licensing terms and fees for their reuse?
The specific files I request are listed below. (These files cannot be downloaded from Rmn-GP’s
Sketchfab pages, but their names are freely listed there.)
Merci,
Cosmo Wenman
cosmo.wenman@gmail.com
Low-quality version advertised since 5 December 2021 at:https://sketchfab.com/3d-models/panthere-marchant-87476ecb8a7546ef911804e7555e5f65
RF005988_PanthereMarchant_RembrantBugatti_LP.obj ( ~221 900 polygons, 30MB )RF005988_PanthereMarchant_RembrantBugatti_LP.mtl ( 741B )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_ao.jpg ( 8192x8192, 8MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_basecolor.jpg ( 8192x8192, 8MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_metalness.jpg ( 8192x8192, 4MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_normal.jpg ( 8192x8192, 7MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1001_roughness.jpg ( 8192x8192, 10MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1002_ao.jpg ( 8192x8192, 6MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1002_basecolor.jpg ( 8192x8192, 9MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1002_metalness.jpg ( 8192x8192, 4MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1002_normal.jpg ( 8192x8192, 5MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1002_roughness.jpg ( 8192x8192, 12MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1003_ao.jpg ( 8192x8192, 5MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1003_basecolor.jpg ( 8192x8192, 7MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1003_metalness.jpg ( 8192x8192, 3MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1003_normal.jpg ( 8192x8192, 4MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1003_roughness.jpg ( 8192x8192, 10MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1004_ao.jpg ( 8192x8192, 3MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1004_basecolor.jpg ( 8192x8192, 3MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1004_metalness.jpg ( 8192x8192, 2MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1004_normal.jpg ( 8192x8192, 2MB )RF005988_PanthereMarchant_RembrantBugatti_LP.1004_roughness.jpg ( 8192x8192, 4MB )Low-quality version advertised since 5 January 2018 at: https://sketchfab.com/3d-models/pantheremarchant-rembrandt-bugatti-668fb318ce0446c4adfe6fe16949be27
RF005988.fbx ( ~600 000 polygons, 20MB )RF005988_normals.jpg ( 4096x4096, 4MB )RF005988_occlusion.jpg ( 4096x4096, 3MB )RF005988_LP_600k_0.png ( 8192x8192, 16MB )Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

Page 9/17

From:To:
CC:

Agence Photo Agence.Photo@rmngp.fr
Cosmo Wenman cosmo.wenman@gmail.com
Pierre Vigneron Pierre.Vigneron@rmngp.fr
Rene-Gabriel Ojeda Rene-Gabriel.Ojeda@rmngp.fr
Stephane Roger Stephane.Roger@rmngp.fr
Sent:
20 May 2022, 06:04 (PST)
Subject: RE: Request for license information
Cher Monsieur,
Without the approval of my management, I am not able to deliver the 3D scans to you. I copy thismessage to the manager of the photographic agency as well as the managers of the 3D department.
Bien cordialement,
Mme Hebari
Agence Photo RMNGP

From:
To:
CC:

Cosmo Wenman cosmo.wenman@gmail.com
Agence Photo Agence.Photo@rmngp.fr
Pierre Vigneron Pierre.Vigneron@rmngp.fr
Rene-Gabriel Ojeda Rene-Gabriel.Ojeda@rmngp.fr
Stephane Roger Stephane.Roger@rmngp.fr
Sent:
20 May 2022, 06:17 (PST)
Subject: Re: Request for license information
Thank you, I await the formal response of Rmn-GP.
- Cosmocosmo.wenman@gmail.com

From:
To:

Cosmo Wenman cosmo.wenman@gmail.com
Pierre Vigneron Pierre.Vigneron@rmngp.fr
Rene-Gabriel Ojeda Rene-Gabriel.Ojeda@rmngp.fr
Stephane Roger Stephane.Roger@rmngp.fr
Sent:
22 May 2022, 19:47 (PST)
Subject: Re: Request for license information
Bonjour,
Please see the attached letter.
Merci,- Cosmocosmo.wenman@gmail.com

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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22 May 2022
Pierre VIGNERON
René-Gabriel OJEDAStephane ROGER
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12

C O S M O . W E N M AN @ G M AI L . C O M
C O S M O W E N M AN . C O M
2369 AN DERSEN L AN E
VISTA, CA, 92084
310 780 5130

Messieurs,
Thank you for your attention to my request for the communication of Rmn-GP’s 3D scans ofRembrandt Bugatti’s « Panthère marchant ». While my current request is for the two
low-quality versions of this document, I ask you to please reconsider my request of 3 May
2022 for the high-quality version and Rmn-GP’s decision of 20 May 2022 to refuse its
communication.
For the sake of full transparency and completeness, I would like to specify that I am alsointerested in direct access to many other 3D scans held by Rmn-GP, and for multiple uses. My
sincere wish is to continue this process in a way that minimizes the administrative burden for
the Rmn-GP and avoids repetitive or redundant requests. Ideally, in my opinion, Rmn-GP
should make all of its 3D scans of public domain works available to the general public without
requiring individual access requests. In the immediate future, I would be grateful if you would
let me know if there is a way to accommodate my future requests in a way that minimizes
inconvenience for Rmn-GP.
With regard to my current requests, I must respectfully note that contrary to what Rmn-GP has
indicated to me previously, the production and publication of 3D scans of works in the publicdomain are not new for Rmn-GP.
Rmn-GP has for years described itself as a « key player » in the field of 3D scanning and isrightly pleased with its commitment and ability to provide 3D scans in « ultra high definition». It has been producing 3D scans of public domain works for almost ten years and offering
direct public access to high-quality versions since at least 2015. See for example Rmn-GP'spoetic choice for its first such promotion via SKETCHFAB.COM, the sculpture « Adam »from Notre-Dame, advertised since 2015: https://sketchfab.com/3d-models/adamf7e16ce9b0984c4d811847f904954877
Rmn-GP has clearly noted the importance, interest, and benefits of making its 3D scans
directly available to the public via an automated purchasing system, including for commercial
use. Rmn-GP even remarked on the ease of making them available in this way. See this very
comprehensive and thoughtful promotional interview from 2018: https://sketchfab.com/blog
s/community/seller-spotlight-rmn-gp-photo-agency/
I have no doubt that we are all aware that Rmn-GP could make all of its 3D scans of publicdomain works currently displayed on SKETCHFAB.COM directly available to the public,
with or without payment of royalties, simply by activating the download function on its
existing SKETCHFAB.COM pages. According to the comments in the interview mentioned

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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2/2

above, it seems that Rmn-GP has already used this solution in the past. In addition, Rmn-GP
has already created on its own site, https://www.photo.rmn.fr/, a section dedicated to the saleof 3D scans to the public and could make it possible to carry out these sales if it so wished.
I would like to very respectfully remind you that the 3D scans that I have requested from you(and the many others to which I would like to have direct access in the near future) areadministrative documents as defined by law and that Rmn-GP is required to communicate
them to anyone who requests them. I refer you to the legal opinion requested by Musée Rodinfrom the Commission for Access to Administrative Documents (CADA) in council n°
20190026 of 7 February 2019: https://www.cada.fr/20190026, and to CADA notice n°
20192300 of 6 June 2019, also relating to Musée Rodin: https://cada.data.gouv.fr/20192300/,
and CADA notice n° 20216783 of 16 December 2021, relating to Musée des Beaux-Arts de
Dijon: https://madada.fr/request/1438/response/1397/attach/3/Avis.pdf. In these notices, theCADA also provides important guidance on the legal requirements for calculating royalties, aswell as publishing license terms.
With regard to the other point raised by Rmn-GP, I quite naturally understand that Rmn-GP
wishes to benefit from the cooperation of its museum partners on this question. I hope we all
share the hope that they embrace and encourage large-scale, direct public distribution of 3D
scans of important public domain works in their collections. Of course, their approval would
be welcome though it is not necessary, in particular because they are not able to annul RmnGP’s legal obligations, and they are also public establishments governed by the same law.
If you and your colleagues have any doubts about Rmn-GP’s legal obligation to communicate
these documents, I respectfully urge you to please seek the advice of the CADA before
making a decision on my requests.
In the immediate future, I would be grateful if you could find a quick solution to my specificrequests regarding the communication of the high-quality version and the two low-quality
versions of Rmn-GP’s 3D scans of Rembrandt Bugatti's « Panthère marchant », and I
sincerely hope that we can find an effective solution to make additional Rmn-GP 3D scans
directly available to the public in the very near future.
I am at your disposal to answer all your questions on this subject.
Please accept, Messieurs, the expression of my sincere thanks.

Cosmo Wenman

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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From:
To:

Cosmo Wenman cosmo.wenman@gmail.com
Pierre Vigneron Pierre.Vigneron@rmngp.fr
Rene-Gabriel Ojeda Rene-Gabriel.Ojeda@rmngp.fr
Stephane Roger Stephane.Roger@rmngp.fr
Sent:
28 June 2022, 00:01 (PST)
Subject: Re: Request for license information
Bonjour,
Please see the attached letter.
Merci,- Cosmocosmo.wenman@gmail.com

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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28 June 2022
Pierre VIGNERON
René-Gabriel OJEDAStephane ROGER
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12

C O S M O . W E N M AN @ G M AI L . C O M
C O S M O W E N M AN . C O M
2369 AN DERSEN L AN E
VISTA, CA, 92084
310 780 5130

Messieurs,
Thank you for your continued attention to my request for the communication of the two
low-quality versions as well as the high-quality version of RMN-GP’s 3D scan of « Panthère
marchant » by Rembrandt Bugatti.
If it has not already been done, I kindly ask that you ensure that the RMN-GP personnel
responsible for access to administrative documents (PRADA) be informed of my request andreceive my complete correspondence with RMN-GP.
As you know, RMN-GP actively promotes the availability of the documents I have requested
and offers them for sale on its own website. RMN-GP systematically advertises its 3D scansof works with a view to their reuse by the public, and has done so continuously since at least
2015. Indeed, RMN-GP has just announced the availability of two new scans only a few days
ago! See these advertisements posted online on 22 June 2022:
https://sketchfab.com/3d-models/double-tete-dhermes-0ddb559f3e444caca2cfa4fc4b11632c
https://sketchfab.com/3d-models/moulage-dun-rhyton-846a5b8bf961478598529208daae91fa
For at least seven years and through today, RMN-GP’s announcements have been consistentand perfectly clear: « This is a light 3D model for web display. To use the high quality model
contact agence.photo@rmngp.fr » This message is repeated for each of the more than eight
hundred 3D scans RMN-GP lists, and has been viewed by the public more than half a million
times.
In this context, I am surely not the first person to request a 3D scan from RMN-GP, and this iscertainly not the first time RMN-GP has contemplated a response to such a request. The factthat RMN-GP advertises the availability of these documents to the public while seeming torefuse to communicate them to me raises serious concern on my part. Requests foradministrative documents must be treated in a non-discriminatory way. If RMN-GP did notalready know this and you have obtained the advice of the CADA on this matter, I am surethat the CADA will have informed you that the law obliges RMN-GP to communicate theseadministrative documents to any person who makes a request.
For more than fifty-five days now, I have diligently and respectfully followed the proceduresannounced by RMN-GP with a view to the communication of documents the availability ofwhich RMN-GP advertises to the entire world. I therefore ask you to now kindly inform me ofyour decision concerning my request.

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2/2

If RMN-GP has indeed decided to refuse to communicate to me the requested administrative
documents, please notify me in the form of a reasoned written decision including an indicationof the means and time limits for appeal, as well as the legal foundation for your decision.
Finally, independent of my own request, I sincerely hope that RMN-GP will seriously
consider making all of its 3D scans of public domain works readily available to the public in a
way that does not require individualized requests, and which thus avoids unnecessary burden
for the public and RMN-GP.
Thank you for your quick response.
I remain at your entire disposal.
Cordially,

Cosmo Wenman

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

Page 15/17

From:
To:

Cosmo Wenman cosmo.wenman@gmail.com
Pierre Vigneron Pierre.Vigneron@rmngp.fr
Rene-Gabriel Ojeda Rene-Gabriel.Ojeda@rmngp.fr
Stephane Roger Stephane.Roger@rmngp.fr
Sent:
11 July 2022, 00:01 (PST)
Subject: Re: Request for license information
Bonjour,
Please see the attached letter.
Merci,- Cosmocosmo.wenman@gmail.com

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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11 July 2022
Pierre VIGNERON
René-Gabriel OJEDAStephane ROGER
Agence Photographique
Réunion des musées nationaux - Grand Palais
254-256 rue de Bercy
75577 Paris cedex 12

C O S M O . W E N M AN @ G M AI L . C O M
C O S M O W E N M AN . C O M
2369 AN DERSEN L AN E
VISTA, CA, 92084
310 780 5130

Messieurs,
You will understand that, seen from the outside, it may seem strange to both promote andprohibit access to 3D scans. I don’t think your team would like to be seen this way, and I
understand if that is why you cannot respond to my requests.
A certain lack of internal cohesion or general direction seems to have emerged within RMNGP. Compassionate in view of this difficult situation, it is not my intention to oppose you.
Indeed, whatever internal conflicts animate RMN-GP’s dissonant policies, I sincerely hopethat those of you or your colleagues who privately advocate openness prevail, and I will dowhat is in my power to aid them.
You are aware that RMN-GP’s silence, which it has maintained for more than one month,
constitutes an implicit refusal to communicate the administrative documents and notificationsof licenses and fees that I have requested. Consequently, without an affirmative response
before 13 July 2022, I will engage the CADA. You may consult the documents I am prepared
to send to the CADA here: https://cosmowenman.com/RMNGP/
RMN-GP will be required to explain its refusal to the CADA, and any statements by RMNGP to the CADA will be made available to me. Undoubtedly, the public will be interested toknow why RMN-GP is sabotaging its own sophisticated digitization and distribution
infrastructure in order to make 3D scans of French cultural patrimony inaccessible to the
public.
Once this explanation is available, allowing us to address it directly, I hope we can work
together to arrive at a policy that works for everyone.
In the meantime, do not hesitate to contact me individually in a private capacity if you wish toshare your insights on RMN-GP’s situation.
Cordially,

Cosmo Wenman

Facts and correspondence between Cosmo Wenman and RMN-GP, 3 May 2022 — 11 July 2022

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