An artist in Malaysia has sued AirAsia for allegedly using his copyrighted mural on an aircraft without permission, leading to a legal battle over intellectual property rights. Ernest Zacharevic, a Lithuanian-born artist based in Penang, claims that his 2012 street artwork, ‘Kids on Bicycle,’ was reproduced as part of a livery on an AirAsia plane in late 2024 without his consent.
Zacharevic created ‘Kids on Bicycle’ for a local festival in Penang’s George Town, a UNESCO World Heritage site. The mural features two laughing children on a real bicycle, blending art with the urban environment, and has become a popular photo spot for tourists, symbolizing the city’s cultural vibrancy.
The artist first became aware of the infringement in October 2024 when he saw an AirAsia aircraft displaying the livery at an airport. He immediately recognized it as his work and felt offended by the unauthorized use. Zacharevic posted images on social media, tagging the airline and calling for a discussion about the artwork’s utilization.
In his lawsuit filed against AirAsia and its parent company, Capital A Berhad, Zacharevic alleges that the airline ‘wilfully infringed’ his copyright by reproducing and publicly displaying the mural. He states that this was done without any consent, authorization, or licensing arrangement, and the livery was only removed after he publicly raised concerns.
According to court documents, Zacharevic had prior engagements with AirAsia. In 2017, he discussed potential art projects for the airline, including creating murals for jets and offices. He asserts that the company was fully informed about his work and professional rates, making the subsequent unauthorized use even more egregious.
AirAsia has not yet provided a detailed public response to the allegations, with the BBC reporting that it has contacted the airline for comment. Following Zacharevic’s social media posts, the company removed the infringing livery and entered into talks with the artist. However, these discussions have not led to a settlement, prompting the legal action.
This case brings to light the broader issue of copyright protection for artists, especially when their work is co-opted by large corporations. Zacharevic has also accused AirAsia of using his artwork on delivery bags for its food services arm in the past, suggesting a pattern of unauthorized usage.
As the lawsuit proceeds, Zacharevic is leaving the compensation amount to the court’s discretion. He emphasizes that his artwork is a unique artistic creation, not merely a cultural reference, and deserves proper recognition and remuneration. The outcome could influence how businesses interact with artistic content in their marketing strategies.
