A Malaysia-based street artist has filed a lawsuit against low-cost airline AirAsia and its parent company, Capital A Berhad, accusing them of using his artwork on an aircraft without permission.
Ernest Zacharevic, a Lithuanian-born artist who is based in Penang, alleged that AirAsia reproduced his 2012 street mural Children on a Bicycle on one of its planes between October and November 2024.
In court documents filed on Monday at the Kuala Lumpur high court, Zacharevic said the airline used the artwork as part of its external corporate branding without his consent, authorisation or any licensing agreement.
Children on a Bicycle is a well-known interactive street installation in George Town, Penang. It features a real bicycle fixed to a wall alongside a painting of two laughing children.
According to documents reviewed by the Guardian, Zacharevic contacted AirAsia after discovering the alleged infringement. The airline later acknowledged the unauthorised use and removed the artwork from public display in December 2024.
Zacharevic is also accusing AirAsia, Capital A, which has an estimated market value of $658m and related entities of repeatedly using his artworks in commercial campaigns without permission.
The court documents refer to a 2016 promotional campaign launched by AirAsia to promote its route between Penang and Yangon, Myanmar. Zacharevic alleged that his works were prominently displayed on banners and publicity materials without his knowledge.
The documents further outline negotiations in 2017 between the artist and the airline over a proposed art commission on an aircraft and a mural at one of AirAsia’s offices.
During those discussions, the airline was allegedly made fully aware of Zacharevic’s authorship, his standard rates and the terms under which he licenses his work. Despite this, the lawsuit claims AirAsia later reproduced one of his major artworks in a prominent setting, amounting to a wilful infringement of his copyright and moral rights.
Other allegations include an incident in 2021 involving AirAsia’s food delivery arm. Zacharevic said the company digitally added its branding and a food delivery bag to the bicycle featured in Children on a Bicycle for promotional purposes, without his consent.
In a statement to the Guardian, Zacharevic said the mural was a distinct artistic creation, not a generic or natural feature.
“It is the result of many years of professional training, skill and labour,” he said.
Zacharevic has asked the court to rule on issues relating to copyright infringement, moral rights and unlawful interference with his trade and business interests. He stressed that no findings have yet been made.
Zacharevic’s work includes public art projects across the US, Europe and Singapore, and often focuses on environmental and social themes.
