A prominent street artist is taking legal action against AirAsia and its parent company, Capital A Berhad, alleging the use of his artwork on an aircraft without proper consent or compensation. The artist, Ernest Zacharevic, known for his "Children on a Bicycle" mural in Penang, Malaysia, claims this is not an isolated incident and seeks the court's determination on copyright infringement and unlawful interference with his business.
Artist's Claims and Timeline
Ernest Zacharevic, a Lithuanian artist based in Malaysia, has formally sued AirAsia and Capital A Berhad for allegedly using his designs on an airplane without his permission. This legal action follows discussions between Zacharevic and the airline, which have reportedly not resulted in a settlement. The artist contends that AirAsia was aware of his work and his established business rates.
Late 2024/Early 2025: Zacharevic began publicly highlighting instances of his artwork allegedly being used by AirAsia without consent. He shared screenshots and posted videos, including one two months prior to early 2025, showing his mural featured on an AirAsia aircraft livery.
January 2025: Zacharevic announced his intention to sue AirAsia. He stated he had repeatedly asked the airline to cease unauthorized use of his artwork.
February 2025 (Ongoing): The lawsuit has been filed. Zacharevic is awaiting the court's decision on compensation and copyright matters.
Allegations of Unauthorized Use
Zacharevic's allegations center on the use of his distinctive artwork, most notably the "Children on a Bicycle" mural. He asserts that this work, a significant public art project, was applied to an AirAsia aircraft without his authorization.
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The artist claims that AirAsia has used his artwork on other products, including a delivery bag for its food services.
Zacharevic asserts that the airline was aware of his professional rates and the value of his work.
He has indicated that past attempts to resolve the issue directly with the airline have been unsuccessful, with repeated instances of unauthorized use emerging.
Legal Proceedings and Artist's Stance
The lawsuit filed by Ernest Zacharevic seeks to address copyright infringement, including the protection of his moral rights, and what he terms unlawful interference with his trade and business interests.
Zacharevic has stated that he is leaving the matter of compensation to the court.
He acknowledged previous responses from AirAsia to his requests but claims the unauthorized use has continued.
The artist has indicated he will be unable to comment further on the case once it is formally filed.
AirAsia's Response
AirAsia has been contacted for comment regarding the allegations. As of the latest reports, the airline has not yet provided a detailed public response to the lawsuit.
Expert and Public Reaction
The case has drawn attention to the broader issues of intellectual property rights for public and street artists in the digital age. It raises questions about the boundaries between artistic expression, public space, and commercial enterprise.
The situation underscores the need for verifying artist consent and ownership rights before engaging in branding collaborations.
Some reports have referred to Zacharevic as "Malaysia's Banksy," highlighting his prominence in the street art scene.
Key Points of Contention
The core of the legal dispute revolves around the unauthorized reproduction and commercial application of Ernest Zacharevic's artwork.
Consent and Compensation: Zacharevic alleges a lack of proper consent, credit, and compensation for the use of his work.
Scope of Use: The allegations extend beyond the aircraft livery to other commercial products associated with AirAsia's brands.
Artist's Rights: The lawsuit seeks to uphold copyright and moral rights pertaining to his creative output.
Evidence Presented
Zacharevic has publicly shared evidence to support his claims, including visual material showing his artwork on AirAsia assets.
Screenshots and videos demonstrating the alleged unauthorized use have been shared by the artist.
The lawsuit itself, filed in court, serves as formal evidence of the allegations.
Legal Basis for the Suit
The legal action is grounded in principles of copyright law and intellectual property protection.
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Claims are being made concerning copyright infringement.
Allegations also include unlawful interference with Zacharevic's trade and business interests.
The case will likely examine the specific nature of Zacharevic's work as site-specific public art and its protected status.
BBC News: AirAsia accused by artist for allegedly using his work without consent
New Straits Times: ‘Kids on Bicycle’ artist sues AirAsia for unauthorised artwork use [WATCH]
SAYS: “We Need To Talk” — Artist Ernest Zacharevic To Sue AirAsia For Using Art Without Consent
The Guardian: Artist accuses AirAsia of using his mural on plane without consent
The Independent (Singapore): Street artist to sue AirAsia after carrier used his mural without his knowledge - Malaysia
Asia-News.biz: Malaysia's Banksy Sues AirAsia for Unauthorized Use of Street Art on Aircraft | Legal Battle Update