Full Breakdown
Legal Action Over Unauthorized Artwork Use: Ernest Zacharevic vs. AirAsia
2/9/2026, 8:57:09 PM
Allegations of Copyright Infringement
Penang-based artist Ernest Zacharevic has initiated legal proceedings against AirAsia and its parent company, Capital A Berhad, alleging unauthorized use of his iconic mural, "Children On A Bicycle." The lawsuit was filed at the Kuala Lumpur High Court on February 9, 2026, claiming that AirAsia displayed the artwork on one of its aircraft between October and November 2024 without Zacharevic's consent. The mural, painted in 2012, has become a significant cultural landmark in Penang, attracting numerous tourists.
Zacharevic asserts that this incident is part of a broader pattern of unauthorized use, stating that AirAsia has utilized his artwork in various promotional campaigns since 2016 without proper licensing or compensation. He contends that the airline's actions infringe upon his intellectual property rights and seeks a court declaration affirming his ownership of the artwork, along with an injunction to prevent further unauthorized use.
Background of the Dispute
The conflict arose after Zacharevic discovered that "Children On A Bicycle" had been prominently featured on an AirAsia aircraft, effectively transforming it into a moving advertisement. Following his public objection, AirAsia removed the artwork but did not reach a resolution with Zacharevic during subsequent discussions. He emphasized that the mural is a distinct artistic creation, not merely a cultural reference, and criticized the airline's characterization of its use.
Official Statements & Responses
In his statements, Zacharevic expressed frustration over the repeated unauthorized use of his work, stating, “These uses took place without my permission, without licensing arrangements, without payment of royalties or licence fees.” He seeks to establish his rights as the creator and to prevent further infringements. AirAsia has not publicly commented on the lawsuit as of the latest reports.
Criticism & Opposition
Zacharevic's legal action highlights ongoing tensions between artists and corporations regarding intellectual property rights. Critics of AirAsia's practices argue that the airline's repeated use of artists' works without permission undermines the creative community and sets a concerning precedent for copyright infringement in the advertising sector.
What's Next
The case is expected to garner significant attention due to Zacharevic's international reputation and its implications for intellectual property rights within Malaysia's creative and aviation industries. The court will determine the extent of damages and whether AirAsia's actions constituted a violation of copyright law.
Verbatim Quotes
- “Any assessment of damages will be determined by the court if liability is established,” — Ernest Zacharevic, Artist
- “The artwork in question is a distinct artistic creation. It is not a natural or generic feature, but the result of many years of professional training, skill, and labour,” — Ernest Zacharevic, Artist
This legal dispute underscores the critical importance of respecting artists' rights and the complexities involved in the use of creative works in commercial contexts.
