AirAsia Faces Legal Battle Over Artist’s Mural: A Sign of Changing Attitudes Towards Street Art?
AirAsia and its parent company, Capital A Berhad, are embroiled in a legal dispute with Lithuanian-born artist Ernest Zacharevic, who alleges the airline used his iconic 2012 mural, “Children on a Bicycle,” without permission. The lawsuit, filed in the Kuala Lumpur High Court, highlights a growing tension between commercial interests and the rights of artists, particularly in the realm of public and street art.
The Case: Unauthorised Use of a Penang Icon
Zacharevic claims AirAsia utilized his artwork “as part of its external corporate branding” between October and November 2024. Court documents reveal the airline acknowledged the unauthorised reproduction of the perform on an aircraft and removed it in December 2024. However, the artist alleges a pattern of similar infringements, including the use of his art in promotional materials and even alterations to the original mural for commercial purposes – specifically, a food delivery company superimposing its branding onto the artwork in 2021.
Beyond This Case: The Increasing Value of Street Art
This isn’t an isolated incident. Street art, once often considered vandalism, has experienced a surge in recognition and value. What was previously dismissed as ephemeral is now frequently seen as a cultural asset, attracting tourism and enhancing urban landscapes. This shift has led to increased scrutiny of how businesses and organisations interact with these works.
The case raises important questions about intellectual property rights concerning public art. Unlike traditional art forms displayed in galleries, street art exists in a public space, making it more vulnerable to unauthorized use. The lack of clear legal frameworks surrounding ownership and reproduction rights adds to the complexity.
The Rise of Art Licensing and Protection
Zacharevic’s previous negotiations with AirAsia in 2017 regarding a potential art commission suggest an awareness of the artwork’s value. This case may encourage more artists to proactively protect their work through licensing agreements and copyright registration. Several platforms are emerging to facilitate the licensing of street art for commercial use, offering artists a means to control how their work is used and receive fair compensation.
technologies like blockchain are being explored to establish provenance and ownership of street art, creating a verifiable record of authenticity and rights. This could provide artists with greater control over their creations and simplify the process of enforcing their intellectual property rights.
Implications for Brands and Marketing
For brands, this case serves as a cautionary tale. While street art can offer a visually appealing and culturally relevant backdrop for marketing campaigns, it’s crucial to obtain explicit permission from the artist before utilizing their work. Failure to do so can result in legal repercussions and damage to brand reputation.
A growing number of companies are now actively commissioning street artists for bespoke murals and installations, fostering collaborative relationships that benefit both parties. This approach not only ensures legal compliance but likewise demonstrates respect for the artist’s creative vision.
FAQ
- What is Ernest Zacharevic suing AirAsia for? He is suing for the unauthorised use of his “Children on a Bicycle” mural on an aircraft and in other promotional materials.
- Is street art protected by copyright? Yes, street art is generally protected by copyright law, although enforcement can be challenging.
- Can companies use street art in their advertising? Only with the explicit permission of the artist.
- What is being done to protect street art? Artists are increasingly using licensing agreements, copyright registration, and emerging technologies like blockchain to protect their work.
Pro Tip: Before using any visual content in your marketing, always verify the ownership and usage rights to avoid potential legal issues.
What are your thoughts on the intersection of art and commerce? Share your opinions in the comments below!
