Artist Files Legal Action Against AirAsia Over Alleged Copyright Breach
Malaysia-based artist Ernest Zacharevic has initiated legal proceedings against low-cost carrier AirAsia and its parent company Capital A Berhad, following allegations that his artwork was used without authorisation on one of the airline's aircraft. The Lithuanian-born artist, who resides in Penang, claims that his celebrated 2012 street mural, Children on a Bicycle, appeared on an AirAsia plane between October and November 2024.
Details of the Alleged Infringement
According to court documents filed at the high court in Kuala Lumpur, Zacharevic asserts that AirAsia utilised his artwork "as part of its external corporate branding" without obtaining any form of consent or licensing arrangement. The mural in question is an interactive installation located in George Town, Penang, featuring a real bicycle attached to a wall alongside paintings of two laughing children.
Zacharevic stated: "This was done without my consent, authorisation, or licensing arrangement." Legal papers indicate that after the artist contacted the airline regarding the alleged breach, the defendants acknowledged the unauthorised use and subsequently removed the infringing material from public display in December 2024.
History of Alleged Unauthorised Usage
The lawsuit further alleges that AirAsia and its affiliated entities have repeatedly used Zacharevic's artworks in various campaigns and products without permission. Court documents reveal that in 2016, the airline launched a promotional campaign for its route between Penang and Yangon, Myanmar, where Zacharevic's works were prominently reproduced on promotional banners and related materials without his knowledge.
Additionally, the documents detail negotiations that took place in 2017 regarding a proposed art commission on an aircraft and a mural for company offices. During these discussions, the airline was reportedly made fully aware of Zacharevic's authorship, standard business rates, and licensing terms. Despite this awareness, the airline allegedly proceeded to reproduce and publicly display one of his principal works in a prominent setting.
Further Allegations and Artistic Integrity
Other incidents cited in the legal action include AirAsia's food delivery arm superimposing a food delivery bag and branding onto the bicycle depicted in the Children on a Bicycle mural in 2021, again without Zacharevic's consent or knowledge. These alterations were reportedly carried out for commercial and promotional purposes.
Regarding his mural, Zacharevic emphasised: "The artwork in question is a distinct artistic creation. It is not a natural or generic feature, but the result of many years of professional training, skill, and labour."
Legal Proceedings and Artistic Background
The artist has requested the court to determine matters concerning copyright infringement, including moral rights violations and unlawful interference with his trade and business interests. Zacharevic noted that no findings have been made at this preliminary stage of proceedings.
Zacharevic's artistic portfolio includes public art projects across the United States, Europe, and Singapore, with a focus on environmental and social issues. His work typically involves site-specific street murals that creatively blend paintings, installations, and sculpture according to his official website.
The Guardian has reached out to AirAsia for comment regarding these allegations, but no response has been received at the time of publication.
