KUALA LUMPUR (Feb 9): Lithuanian artist Ernest Zacharevic is suing AirAsia for copyright infringement over the unauthorised use of his famous artwork, Kids on Bicycle, on the company’s aircraft.
The lawsuit also names investment holding company Capital A Bhd (KL:CAPITALA) as the other defendant. The lawsuit centres on artwork which is a widely recognised mural that was created as part of a series of murals in collaboration with the George Town Festival 2012.
The Penang-based artist added that this particular artwork on the airplane could be viewed widely and had flown to numerous destinations, including Malaysia, Vietnam, Indonesia, and Thailand, from October until December 2024.
Only found out via Instagram and later while in airport himself
In the lawsuit filed on Monday morning by his lawyers, Messrs Xavier & Koh Partnership, the artist stressed that the image in dispute does not merely concern the final iteration of the artwork in its mural form.
He said it also encompassed its progression “from photograph to painting, and ultimately, to mural”, which were created as part of his “original artistic expressions”.
In the statement of claim (SOC), Zacharevic said he only found out about the infringement via Instagram and later while he was physically present at the Penang Airport in late 2024.
He had subsequently approached the budget carrier, upon which AirAsia proceeded to remove the artwork in December 2024. He claims that the acknowledgement and removal of the material was akin to an admission — “whether express or implied” — of Zacharevic's copyright ownership and the lack of permission to reproduce said artwork.
Artist claims AirAsia acted in bad faith as image used in past as well
Zacharevic also claims that AirAsia's act of infringement was done in bad faith, as the company had used the same artwork without authorisation on numerous other occasions in the past.
He listed down examples of some of the airline's promotional campaigns from 2016 to 2024.
"The defendants are therefore directly and/or vicariously liable for the wrongful acts of their said related entities, and in any event bear responsibility for having permitted, facilitated, or failed to prevent the repeated misuse of the [Zacharevic's] works despite knowledge, notice, and opportunity to do so," the SOC read.
Among others, the artist is seeking an injunction preventing AirAsia or its agents from "reproducing, displaying, publishing and distributing" the artwork without written consent.
He is also seeking a court order for AirAsia to destroy all copies of the artwork within their possession within 30 days of the order.
The artist also wants a full account of profits derived from the use, display, or reproduction of the artwork, and that it be paid to him, within 30 days of the court decision.
He is also seeking damages for copyright infringement, and aggravated and/or exemplary damages.
The matter comes up for case management on Feb 27.
AirAsia did not immediately respond to a request for comment from The Edge.