AirAsia accused by artist for allegedly using his work without consent

Artist Ernest Zacharevic is sueing AirAsia over the use of a livery on one of its jets in 2024

An artist based in Malaysia has sued budget airline AirAsia and its parent company Capital A Berhad for allegedly using designs on a plane without his consent.

In his lawsuit, Ernest Zacharevic, a Lithuanian-born artist based in Penang, claims that his 2012 street mural, Kids on Bicycle, has been "reproduced and displayed" as part of a livery on an aircraft operated by the Malaysian airline in late 2024.

"This was done without my consent, authorisation, or licensing arrangement," he alleges, adding that the livery was removed after he had publicly raised concerns about its use.

The BBC has contacted AirAsia for comment.

Speaking to the BBC on Thursday, Zacharevic said he became aware in October 2024 that an AirAsia plane had displayed a livery with artwork that appeared similar to his paintings.

The artist has been based in Malaysia for more than a decade and is known for his road-side murals in Penang.

One of Zacharevic's most well-known work is Kids on Bicycle, a street mural he painted as part of an art commission for a local festival in 2012. The mural, located in the heritage district of George Town, depicts two laughing children on a real bicycle, positioned to look part of the painting.

Tourists can often be seen taking pictures with the mural, now an icon in Penang.

Zacharevic said his work had been "unlawfully reproduced" on AirAsia's aircraft without his knowledge or consent and displayed publicly on a plane in operation - one that he saw with his own eyes at an airport.

"It felt a little offensive," Zacharevic said, recalling the moment in 2024.

Zacharevic painted Kids on Bicycle, a famous wall mural in Penang, in 2012

He posted a picture of the plane on social media, tagging the airline and saying that they needed to have a conversation about the use of the artwork.

Since then, he has held talks with the company, though neither side has been able to settle on terms, he said.

Zacharevic said this was not the first time his work had been used in connection to AirAsia's campaigns and products, accusing the airline of using his artwork on a delivery bag for its food services arm.

According to the court documents, Zacharevic said he held discussions with AirAsia in 2017 about an offer to make art for the airline's jets and a mural in one of its offices.

He alleges that the airline was made fully aware of his work and business rates at the time, according to the documents.

The claim adds that in spite of this, the "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".

Malaysia's AirAsia is the largest low-cost carrier in Asia, operating more than 200 jets to more than 100 destinations. This week, it unveiled plans to resume flights from Kuala Lumpur to London via Bahrain, marking a return to the British capital after more than a decade.

Zacharevic said he is leaving it to the court to decide the amount of any compensation he is entitled to.

The artist said: "I wish to be clear about one thing. I do not accept any characterisation of this use as 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."