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A Malaysia-based artist has filed a lawsuit against the low-cost airline carrier AirAsia and its parent company Capital A Berhad for allegedly using his art on a plane without permission.
Ernest Zacharevic, a Lithuanian-born artist based in Penang, alleged AirAsia used his 2012 street mural, Children on a Bicycle, on an aircraft between October and November 2024.
According to Zacharevic, who on Monday filed his lawsuit in the high court of Kuala Lumpur, AirAsia used his artwork “as part of its external corporate branding”. The piece – an interactive installation in George Town, Penang – features a real bike attached to a wall and paintings of two laughing children.
“This was done without my consent, authorisation, or licensing arrangement,” he alleged.
Court documents reviewed by the Guardian stated Zacharevic contacted the airline about the alleged breach, and “the defendants acknowledged the unauthorised use and reproduction of plaintiff’s works on the airplane, and proceeded to remove the infringing material from public display” in December 2024.
Zacharevic has accused AirAsia and Capital A, which has an estimated market value of $658m, and its affiliated entities of repeatedly using his artworks in its campaigns and products without consent.
According to court documents, AirAsia launched a promotional campaign in 2016 to promote its route between Penang, Malaysia, and Yangon, in Myanmar. Zacharevic alleged his works were “prominently reproduced and displayed on the promotional banner and related publicity materials” without his knowledge.
The documents also detailed negotiations Zacharevic had with the airline in 2017 about a proposed art commission on a plane and a mural in one of the company’s offices, the documents said.
At the time, the airline was “made fully aware of the plaintiff’s authorship of his works, his standard business rates, and the terms upon which he licenses or authorises use of his artistic creations”. Despite this, the documents alleged, “the airline proceeded to reproduce and publicly display one of the plaintiff’s principal works in a prominent setting, thereby wilfully infringing the plaintiff’s copyright and moral rights”.
Other allegations cited by Zacharevic include AirAsia’s food delivery arm in 2021 “superimposing a food delivery bag” and its branding onto the bicycle depicted in the Children on a Bicycle mural without his consent or knowledge. The alterations were carried out for the defendant’s “own commercial and promotional purposes”, court documents said.
In a statement to the Guardian about his Children on a Bicycle mural, Zacharevic said: “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.”
He has asked the court to determine issues related to copyright infringement, including moral rights, and unlawful interference with his trade and business interests.
“No findings have been made at this stage,” he said.
Zacharevic’s work, which includes public art projects in the US, Europe and Singapore, focuses on environmental and social issues. His art frequently involves site-specific street murals that blend paintings, installations and sculpture, according to his website.
The Guardian has contacted Air Asia for comment.
