Street Artist Ernest Zacharevic Takes Legal Action Against AirAsia Over Unauthorised Use of Mural
In a significant legal development, renowned street artist Ernest Zacharevic, often referred to as Malaysia's Banksy, has initiated legal proceedings against AirAsia and its holding company, Capital A Berhad. The lawsuit has been filed in the Kuala Lumpur high court, centring on allegations that the airline reproduced his iconic 2012 mural, Kids on Bicycle, without his permission.
Details of the Alleged Infringement
The dispute arose when Zacharevic discovered his artwork featured on the livery of a commercial AirAsia aircraft in October 2024. According to the legal claim, the airline not only placed the mural on the plane but also utilised it extensively in various marketing campaigns. This unauthorised use prompted initial discussions between the artist and AirAsia, which have since concluded without resolution.
Zacharevic is alleging multiple violations, including:
- Copyright infringement
- Moral rights infringement
- Passing off
- Unlawful interference with his trade
The artist has noted that this is not an isolated incident, with previous instances of unauthorised use dating back to 2016, highlighting a pattern of corporate exploitation of his creative work.
Broader Implications for Artistic Rights
Beyond seeking financial redress for the alleged infringements, Zacharevic's lawsuit aims to secure legal affirmation of artists' control over the commercialisation of their creations. He is advocating for fair remuneration when corporate entities profit from artistic works, a stance that could set a precedent for similar cases globally.
This case underscores ongoing tensions between artists and corporations regarding intellectual property rights, particularly in the context of street art, which often blurs the lines between public and private ownership. As the legal proceedings unfold, they are likely to draw attention to the need for clearer protections for artists in the commercial sphere.
