SINGAPORE: Ernest Zacharevic, the street artist from Lithuania behind the iconic and beloved Children on a Bicycle mural in Penang, has said in a statement that he will be pursuing legal action against AirAsia for the unauthorized use of his work.
In November, Mr Zacharevic tagged the carrier and its CEO, Tony Fernandes, in a post on Instagram Stories, writing, “I think we need to talk…”. His post showed the mural on the side of an AirAsia plane, something he had known nothing about.
He said then that it had not been the first time that AirAsia had used his work without his knowledge and added that he wanted to hold the carrier accountable. The artist was quoted in The New Straits Times as saying that his murals have appeared on AirAsia’s email campaigns, online advertisements, in-flight magazines, printed banners, and other materials.
In particular, his “Bicycle Mural” had been featured “frequently” without his permission, adding that he has formally asked AirAsia to stop using his artwork without proper credit, consent, or compensation not just once but several times.
Although AirAsia would initially respond to his requests, the company has continued its unauthorized use of his work.
He pointed out the broader implication of AirAsia’s actions, saying that it “sends a damaging message that artists’ work can be used freely, without regard for intellectual property rights”, which harms artists in Malaysia and the rest of the region.
“I feel a responsibility to stand up — not just for myself, but for all artists — to challenge this narrative and demand accountability,” he wrote in his statement.
After he tagged the airline last November, the issue received international attention in the media. The artist did not comment on the matter afterwards, explaining that he had not wanted to slander the carrier but simply wanted to find a fair and professional resolution.
However, he has seen a “familiar pattern” in AirAsia’s response: “issuing standard corporate statements, denying awareness of past infringements and prolonging discussions”. He added that the offer the carrier has made does not reflect his work’s value, nor does it address the issue that his work had been used without his authorization.
“I have done everything in my power to resolve this matter amicably. However, AirAsia has now declared their final offer, leaving me with no choice but to pursue legal action to protect my rights,” the artist wrote.
He acknowledged the support he has received and said that once the case is filed, he will no longer be able to comment on it.
Mr Zacharevic had painted Children On A Bicycle in 2012 as part of a set of six murals for the George Town festival. Children On A Bicycle and Boy on a Motorcycle are the best-known among the murals, which have become a tourist attraction as well as a cultural landmark in Penang./ TISG
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