Kuala Lumpur, Malaysia – AirAsia and its holding company Capital A are the subject of a new lawsuit from Lithuanian artist Ernest Zacharevic following the airline’s unauthorised use of the ‘Children on Bicycle’ mural in one of AirAsia’s liveries at Penang International Airport back in October 2024.
As confirmed by the artist’s lawyer, Joachim Francis Xavier, to MARKETECH APAC, the lawsuit notes that the artist is claiming against AirAsia and Capital A’s infringement of his copyright and moral rights, passing off and unlawful interference with his trade.
Moreover, the lawsuit indicates that Ernest is seeking declaratory reliefs recognising his rights as the artist, orders restraining further unauthorised use, removal and destruction of infringing materials and appropriate monetary remedies.
In a press statement shared as well to MARKETECH APAC, Ernest stated that while the proceedings arise primarily from events that took place between October and November 2024, he will also be referring to earlier instances, dating back to 2016, which provide important background to the dispute.
“This was not the first time my work had been used in this way. Over a number of years, AirAsia and its affiliated entities have repeatedly used my artworks in connection with its campaigns and products. These uses took place without my permission, without licensing arrangements, without payment of royalties or licence fees, and without crediting me as the artist,” he stated.
Ernest notes that through these proceedings, he is asking the Court to determine issues relating to copyright infringement, including moral rights, as well as passing off and unlawful interference with his trade and business interests.
“I wish to be clear about one thing – I do not accept any characterisation of this use as merely a reference to cultural or geographical associations. 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,” he added.
MARKETECH APAC has reached out to AirAsia and Capital A on their statement following the lawsuit.
It should be recalled that Ernest previously called out AirAsia after the airline used his ‘Children on Bicycle’ mural on one of its liveries back in 2024.
While there have been reports of talks between the artist and AirAsia’s branding department to resolve the issue, Ernest posted a follow-up video in January 2025 that he intended to file a lawsuit against the airline, adding that the company had used his murals in multiple promotional materials and verticals.
“This repeated behavior sets a harmful precedent: that artists’ work can be exploited without consequence. It’s not just about me—it affects the entire artistic community,” he previously stated.
He also launched an art exhibition titled ‘We Need to Talk’ back in July 2025 which ran under the theme of ‘exploitation of independent artists by corporations who see creativity as a form of free content’.
