Ernest Zacharevic Takes Legal Action Against AirAsia Over Artwork Use
Artist Files Lawsuit Over Unauthorised Aircraft Livery
Internationally recognised street artist Ernest Zacharevic has initiated legal action against AirAsia Berhad and its former parent company, Capital A Berhad, over the alleged unauthorised use of his well-known mural Kids on Bicycle.
The artist confirmed that the lawsuit was filed in the Kuala Lumpur High Court after he discovered that his artwork had been reproduced on the exterior livery of an AirAsia aircraft without his consent.
Artwork Discovered on Aircraft in October 2024
According to court documents, Zacharevic became aware in October 2024 that Kids on Bicycle, a mural strongly associated with George Town, Penang, had been incorporated into AirAsia’s aircraft branding.
The aircraft bearing the artwork was reportedly flown on several international commercial routes before the design was eventually removed, following public objections raised by the artist.
Zacharevic maintains that the artwork was used without his knowledge, licence, or any form of authorisation.
Allegations of Repeated Unauthorised Use
In a statement released on 9 February, Zacharevic said the aircraft livery was not an isolated incident but part of a broader pattern of alleged unauthorised use by AirAsia and its affiliated entities dating back to 2016.
He claimed his artworks had previously appeared across various AirAsia platforms, including email campaigns, online advertisements, in-flight magazines, printed banners, and other promotional materials, without permission, licensing agreements, payment, or proper credit.
“This repeated behaviour sets a harmful precedent that artists’ work can be exploited without consequence,” he said, adding that the issue extends beyond his own case and affects the wider creative community.
Claims of Copyright and Moral Rights Violations
Zacharevic is suing for alleged copyright infringement and violations of moral rights, as well as claims of passing off and unlawful interference with his trade and business interests.
Among the remedies sought are court declarations recognising his rights as the artist, injunctions preventing further unauthorised use, the removal and destruction of infringing materials, and appropriate financial compensation.
Artist Rejects ‘Cultural Reference’ Argument
Speaking during a press conference, Zacharevic rejected any suggestion that the use of his artwork could be dismissed as a cultural or geographical reference.
“The artwork is a distinct artistic creation, not a generic feature, but the result of many years of professional training, skill, and labour,” he said.
Case Awaits Court Determination
Zacharevic emphasised that the case was filed to allow the courts to independently determine the legal issues involved, noting that no findings have been made at this stage.
“Any relief will be determined by the court,” he said, adding that proceedings will continue in accordance with due legal process.
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