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

Kelley Heyer, a prominent TikTok influencer renowned 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 and profited from it without her consent.

The "Apple Dance," a popular choreography conceived by Heyer and popularized on TikTok, has gained significant traction, being featured in Charli XCX's tour and on her TikTok account. Given its popularity, it's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their game "Dress to Impress," a creative fashion contest within Roblox.

According to a lawsuit filed last week in California and reported by Polygon, Roblox initially contacted Heyer to license the "Apple Dance" for their crossover event. Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix through signed agreements. However, she claims that no final agreement was reached with Roblox before they released the "Apple Dance" emote for sale during the event.

Heyer's lawsuit states that Roblox sold over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales. The suit emphasizes that the emote, though part of a Charli XCX event, is not connected to the song or Charli XCX herself, asserting that the dance is solely Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks relief in the form of the profits Roblox made from the dance, plus damages for the harm to her brand and herself, and attorney's fees.

In an update, Heyer's attorney, Miki Anzai, stated, "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."