Charli XCX's Viral Apple Dance Creator Sues Roblox Over Unauthorized Use in Game

Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her permission, subsequently profiting from it.

For those unfamiliar with the latest trends, the "Apple Dance" is a popular dance routine that Heyer developed and shared on TikTok, which gained immense popularity, being featured in Charli XCX's tour and shared on the artist's TikTok account.

It's no surprise that Roblox sought to include the "Apple Dance" in their collaboration with Charli XCX for the game "Dress to Impress," a creative fashion contest within Roblox. According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the "Apple Dance" for the event. She was open to licensing it, having previously done so with Fortnite and Netflix under signed agreements, but no final agreement was reached with Roblox.

Heyer alleges that Roblox prematurely released the "Apple Dance" emote for sale during the event, without her consent and before negotiations concluded. She estimates that over 60,000 units of the emote were sold, generating approximately $123,000 in revenue. The lawsuit asserts that, despite the emote being part of a Charli XCX event, it is not tied to the song or artist, making it solely Heyer's intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the emote, damages for the harm to Heyer's brand and herself, and attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued the following statement: "Roblox moved forward using Kelley's IP without a signed agreement. Kelley is an independent creator who should be compensated fairly for her work and we saw no other option than to file suit to prove that. We remain willing and open to settle and hope to come to a peaceful agreement."