AirAsia accused by artist for allegedly using his work without consent

AirAsia Accused by Artist for Allegedly Using His Work Without Consent

Overview of the Controversy

Ernest Zacharevic, a renowned Malaysian artist, has launched a lawsuit against budget airline AirAsia and its parent company, Capital A Berhad, over the unauthorized use of his artwork. This controversy revolves around the airline’s use of Zacharevic’s acclaimed street mural, Kids on Bicycle, in a plane livery without his permission.

Allegations Against AirAsia

Unauthorized Use: Zacharevic claims that his 2012 mural has been reproduced and displayed as part of a plane’s livery operated by AirAsia since late 2024, without his consent or any licensing agreement.
Removal Post-Concerns: The livery was reportedly removed after Zacharevic publicly expressed his concerns about its use.
First Awareness: The artist discovered the unauthorized livery in October 2024, when he saw the AirAsia aircraft featuring what he described as an artwork similar to his own.

Background on the Artist

Ernest Zacharevic: A Lithuanian-born artist, Zacharevic has made Malaysia his home for over a decade. He is particularly celebrated for his vibrant roadside murals in Penang, with Kids on Bicycle being one of his most iconic works.
Mural Significance: Located in the heritage district of George Town, the mural depicts two laughing children on a bicycle, ingeniously integrated into the wall, making it a favorite backdrop for tourists.

Emotional Impact

Zacharevic expressed his feelings about the incident, saying, “It felt a little offensive,” reflecting on his surprise upon seeing the unauthorized usage of his artwork on an aircraft at an airport. He posted about the situation on social media, tagging AirAsia and calling for a dialogue regarding the artwork’s usage.

Previous Engagement with AirAsia

Prior Interactions: Zacharevic indicated this isn’t the first instance of his work being associated with AirAsia. He alleges that the airline previously used his art on a delivery bag for its food services.
Conversations in 2017: According to court documents, Zacharevic had discussions with AirAsia back in 2017 about creating artwork for the airline’s jets and murals in their offices, stressing that the airline was well-informed about his work and rates.

Legal Proceedings

The court documents allege that AirAsia willfully infringed on Zacharevic’s copyright and moral rights by publicly displaying one of his principal works. In his lawsuit, he is leaving the determination of compensation to the court’s discretion.

AirAsia’s Recent Developments

AirAsia, the largest low-cost carrier in Asia, operates over 200 jets to more than 100 destinations. Recently, the airline announced plans to resume flights from Kuala Lumpur to London via Bahrain, marking a significant return to the British capital after more than a decade.

Conclusion

In his pursuit of justice, Zacharevic stands firm on the integrity of his art: “I wish to be clear about one thing. I do not accept any characterization of this use as merely a reference to cultural or geographical associations.” The artist emphasizes that his works are not generic features but products of extensive training, skill, and labor. The outcome of this case will not only impact Zacharevic but may also set a precedent for artists’ rights in the commercial use of their work.

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