Malaysian Street Artist Files Legal Action Against Airline Over Unauthorised Aircraft Artwork
Ernest Zacharevic, the Lithuanian street artist often compared to Britain's Banksy, has initiated legal proceedings against AirAsia after discovering his iconic mural had been reproduced on the body of a commercial aircraft without his consent. The lawsuit represents the latest development in a dispute that began in late 2024 when Zacharevic first noticed his artwork adorning an AirAsia plane.
Discovery of Unauthorised Use
The artist became aware of the infringement in October 2024 when a friend tagged him in an Instagram story showing the aircraft on a runway. Zacharevic confirmed the sighting personally the following month while departing from Penang International Airport, where he observed the plane bearing his design. The mural in question, Kids on Bicycle, was originally painted during the 2012 George Town Festival and has become one of Malaysia's most photographed street art installations.
"I think we need to talk," Zacharevic wrote on social media after posting an image of the aircraft and tagging both AirAsia and its founder Tony Fernandes. Despite initial attempts to contact the airline through corporate channels proving difficult, the livery was eventually removed from the aircraft, and AirAsia acknowledged they were in discussions with the artist.
Legal Proceedings and Allegations
Those discussions have since concluded, prompting Zacharevic to file formal proceedings in the Kuala Lumpur High Court against both AirAsia Berhad and its holding company, Capital A Berhad. The artist alleges multiple infringements dating back to 2016, with the aircraft incident serving as the primary catalyst for legal action.
According to the lawsuit, Zacharevic claims the defendants have "reproduced, displayed, and adapted the Artwork without his knowledge, licence, or authorisation." The legal action encompasses claims of copyright infringement, moral rights violations, passing off, and unlawful interference with trade. The artist maintains the airline never contacted him regarding the use of his work before the aircraft entered commercial service, and no licensing agreement exists between the parties.
Broader Pattern of Unauthorised Use
Zacharevic revealed the aircraft incident was not an isolated case, stating his Kids on Bicycle artwork has been used in numerous marketing campaigns over the past decade without permission. These included promotions for cheap flights, accommodation packages, and even the launch of a food delivery application. While he formally objected to some instances, the sheer volume made pursuing each case individually impractical without exhausting his resources.
The artist expressed particular concern about modifications made to his work to fit the aircraft's body, noting alterations to tone, proportion, and scale that he finds objectionable. He also argues the prominent placement on an aircraft created the false impression he had endorsed the use, potentially damaging his artistic reputation.
Seeking Artistic Control and Fair Compensation
Beyond seeking declaratory relief recognising his rights as the creator, restraining orders against further unauthorised use, and appropriate monetary remedies, Zacharevic emphasised the case addresses fundamental issues of artistic control. "Beyond monetary compensation, what I am seeking for is the court's recognition that artists like myself should be able to control the commercialisation of our artworks," he explained.
The artist highlighted the years of training and dedication required to develop artistic skills, arguing corporate entities should not profit from creative works without fair remuneration to their creators. "This right of livelihood is fundamental, and deserves protection in the eyes of the law," Zacharevic stated, framing the lawsuit as a broader defence of artists' economic rights.
AirAsia initially acknowledged discussing the matter with Zacharevic after his social media posts, with then-marketing chief Rudy Khaw confirming they were "working on" the issue. However, the airline has made no public statements since and did not respond to recent requests for comment regarding the legal action. The aircraft bearing Zacharevic's design reportedly flew to international destinations including Vietnam, Indonesia, and Thailand during its approximately two months of service with the controversial livery.
