Ernest Zacharevic, the Lithuanian street artist behind one of Penang’s most photographed murals, has filed a lawsuit against AirAsia after discovering that his artwork had been reproduced on the body of a commercial aircraft without his permission.
The suit is the latest development in a dispute that began in November 2024, when Zacharevic revealed on social media that his 2012 mural Kids on Bicycle had been incorporated into the livery of an AirAsia aircraft.
The mural, painted during the George Town Festival in 2012, depicts two children riding a bicycle mounted onto a wall in George Town, Penang, where Zacharevic lives and owns a studio.
The piece has drawn visitors from around the world and is widely regarded as one of Malaysia’s most recognisable pieces of street art. Zacharevic has been likened to the famous British street artist Banksy, and one of his works featuring a woman carrying a Chanel bag walking and a man with a knife on the other side of the wall was painted over by local officials in 2013.
Zacharevic realised in October 2024 that his mural had been incorporated into the livery of an AirAsia aircraft without permission, “when a friend tagged me in an Instagram story capturing the plane on the runway”.
“About a month later in November 2024, I saw it on the runway myself when I was taking a flight from the Penang International Airport,” he told The Independent.
He posted an image of the plane on social media and tagged AirAsia and its founder Tony Fernandes, writing: “I think we need to talk.”
At the time, Zacharevic said that his team attempted to reach AirAsia but found it difficult to navigate corporate channels. The livery was removed from the plane and the airline later said it was in discussions with the artist.
Those discussions have since ended “some months ago,” the artist confirmed.
Zacharevic said that while the events between October and November 2024 are the primary reason behind him filing the suit, “earlier instances dating back to 2016” are also part of the dispute.
“I believe the issues involved require adjudication in the courts,” Zacharevic said, confirming that he has begun proceedings in the Kuala Lumpur high court against AirAsia Berhad and its holding company, Capital A Berhad.
Zacharevic is alleging in the suit that the defendants have “reproduced, displayed, and adapted the Artwork without his knowledge, licence, or authorisation”. On that basis, he is claiming copyright and moral rights infringement, along with passing off and unlawful interference with his trade.
The airline confirmed it was discussing the matter with Zacharevic after he first raised concerns, with AirAsia’s then-marketing chief Rudy Khaw saying they were “working on” it. There’s been no public comment from the airline since, however, and AirAsia did not respond to a request for comment when approached by The Independent.
The airline had not informed him or been in touch with him regarding the use of his work before the aircraft entered commercial service, he said. Zacharevic has also confirmed that he has not made any licensing agreement with AirAsia over using his work.
He said the plane flew to international destinations, including Vietnam, Indonesia, and Thailand, and had been in service for around two months while carrying his design.
“The distortion of my Kids on Bicycle artwork, the modification made to the tone, proportion, and scale of my artworks to fit onto the body of the livery of an aircraft are all issues that I take serious objection to, as any artist would,” Zacharevic said, referring to his moral rights claim.
He is also alleging passing off, arguing that the “scale and visibility of use of one of my most important artworks on the body of an aircraft” gave the impression that he had endorsed and allowed its use.
The aircraft livery, Zacharevic has maintained, was not an isolated incident.
“Over the past 10 years or so, my Kids on Bicycle artwork has been used in numerous marketing and promotional campaigns without my prior consent or approval – this included cheap flight / free seats campaigns, accommodations + flights promotions, launch of new food delivery app, etc,” he said.
“I did formally send my objections sometime ago, however the instances were too numerous for me to pursue on each one of them without draining my resources.”
According to the suit, he is seeking declaratory relief recognising his rights as the artist, orders restraining further unauthorised use, removal and destruction of infringing materials, and appropriate monetary remedies.
Beyond financial compensation, Zacharevic said the case is about 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 told The Independent.
“We spend many years training and honing our crafts, and it is only just and right that we are fairly remunerated when other corporate entities profit from our artworks. This right of livelihood is fundamental, and deserves protection in the eyes of the law.”
