We Need To Talk: Artists’ Rights And The Quest For Intellectual Property

LAST YEAR, Ernest Zacharevic’s solo exhibition at Cultprint gallery, We Need to Talk, engaged local creatives and the public in immersive reflections and discussions on intellectual property (IP) infringements. The exhibition showcased a series of Zacharevic’s works, inspired by his ongoing legal battle against AirAsia for the alleged unauthorised use of his public mural, “Kids on Bicycle”, for private corporate gain. What can the experiences of Zacharevic and other artists tell us about how artists protect their rights, defend themselves from infringements and pursue IP justice?

MORE THAN A SOLO
Zacharevic’s famous mural needs little introduction, having virtually become visual shorthand for Penang. However, it was featured on AirAsia’s aircraft livery, corporate email campaigns, advertisements and in-flight magazines without proper credit. He acknowledged that plaintiffs are often discouraged or restricted from speaking about cases publicly once legal proceedings commence. Their challenges are compounded by a general lack of IP awareness among creative workers, which urgently requires platforms to facilitate dialogue, share experiences and build links with legal advisors to provide clarification and guidance on protection strategies. Despite being publicly visible and accessible, public art such as Zacharevic’s work does remain well-protected under local IP legislation,[1] where artists retain control over unlicensed or unauthorised reproduction, merchandising and commercial adaptations.

This airport-themed exhibition was designed in response to his artwork’s appropriation and curated to address local artists’ struggles to speak out, the hidden costs of creativity, the rights that creatives deserve and the need for meaningful collaborations within the creative ecosystem. The gallery space parodied an airline check-in zone, leading visitors through mock check-in counters, where they received themed “boarding passes” and satirical “in-flight safety cards” with tips on IP rights. Proceeds from sales of limited-edition merchandise, collectibles and campaign souvenirs supported Zacharevic’s legal pursuit, which he was advised could cost up to RM250,000.