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 taken legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without obtaining the necessary permissions, thereby profiting from her intellectual property.

For those not familiar with the latest trends, the "Apple Dance" is a popular dance routine that Heyer choreographed and shared on TikTok, which gained immense popularity and was even featured during Charli XCX's tour and on the singer's TikTok account.

Roblox, keen on leveraging the dance's popularity, intended to include it in a collaboration with Charli XCX for the game "Dress to Impress" within their platform. According to a report by Polygon, Heyer was initially approached by Roblox to license the "Apple Dance" for this event. She was amenable to the idea, having previously licensed the dance to Fortnite and Netflix with formal agreements in place. However, Heyer claims that no such agreement was finalized with Roblox.

The lawsuit, filed last week in California, states that Roblox went ahead and released the "Apple Dance" emote for sale during the event without completing negotiations and without Heyer's consent. It is alleged that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales. Heyer's legal action emphasizes that while the emote was part of a Charli XCX-themed event, the dance itself is not tied to the song or the artist, asserting that it remains her exclusive intellectual property.

Heyer's suit accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for the harm done to her brand and herself, and coverage of her attorney's fees.

Update 2:15 p.m. PT: Miki Anzai, Heyer's attorney, issued a statement saying, "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."