Artist sues AirAsia over unauthorised use of his iconic Penang artwork
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Penang-based artist Ernest Zacharevic alleged that AirAsia had illegally used his iconic artwork Children On A Bicycle on one of its aircraft between October and November 2024.
PHOTO: ERNEST ZACHAREVIC
Artist Ernest Zacharevic has filed a legal suit against AirAsia and its parent company Capital A Berhad for the airline’s unauthorised use of his artwork.
The Penang-based Lithuanian artist filed the suit at the Kuala Lumpur High Court on Feb 9, alleging that AirAsia had illegally used his iconic artwork Children On A Bicycle on one of its aircraft between October and November 2024.
The artwork is one of Mr Zacharevic’s most well-known street murals since he painted it in 2012 in Penang, drawing fans and tourists from all over the world to the Malaysian island.
It was later removed by AirAsia after he publicly objected to its use.
He told The Straits Times the amount of damages has not been quantified at this stage.
“Any assessment of damages will be determined by the court if liability is established,” he said.
In his suit, Mr Zacharevic alleged that AirAsia and Capital A have “reproduced, displayed, and adapted” the artwork without his knowledge, licence, or authorisation.
He also said this was not the first time his work had been used in this way, claiming that AirAsia and its affiliates have used his works of art across various promotional campaigns since 2016.
“These uses took place without my permission, without licensing arrangements, without payment of royalties or licence fees, and without crediting me as the artist,” he said.
He said he does not accept any characterisation that the use of his work was merely a reference to cultural or geographical associations.
“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 added.
As such, Mr Zacharevic is asking the court to declare that he is the rightful owner of the artworks.
He is also seeking the court to issue an order to stop AirAsia and Capital A from continuing to infringe on his intellectual property rights.
Mr Zacharevic has previously called out AirAsia for using his artwork on one of its planes.
Following that, both parties entered into talks to resolve the matter, but they could not come to an agreement.
ST has contacted AirAsia for comment.
