alt Hacker NewsPerhaps look at the case from another perspective.
Ask if, since they used public money to create these, what public benefit was produced by it.
If you can have them admit, or can prove, no public benefit, it's misspent public funds.
If it's misspent public funds then its public reimbursement at the least for all the works they have scanned as a minimal response.
You could argue the case the directors are liable for incompetence, or possibly criminality for knowingly misappropriating the public funds or contempt of court for earlier cases.
When faced with this as a more serious charge, the museum may then choose to simply release the documents to settle the case. You may not even have to prove anything.
IANAL but have been involved in (other country) public council appeals.
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They don't use public money to produce them (and maintain the museum).
It is self-funded. Public, but self-funded.
So this has nothing to do with misspent public money.
The Rodin Museum is a piece of jewel in Paris that exists only because Rodin himself decided for things to be run that way on his deathbed.
The wish of the artist overrules the wishes of random people that "consume" his work.
The scans guide conservation work, concerving the statues is a public benefit.
Whilst I think on balance the scans should be public; it is more important that the FOI laws strike a perfect balance of enabling efficient administration whilst shinning enough light to reduce corruption.
I would not want museums to be reluctant to create scans and archives that compromise their short term funding models if they are useful for conservation.