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 "Apple Dance" into their platform and profited from it without obtaining her permission.

For those unfamiliar with the latest trends among younger audiences, the "Apple Dance" is a lively dance routine that Heyer developed and popularized on TikTok to accompany Charli XCX's song "Apple." This dance has gained significant traction, earning mentions during Charli XCX's tours and features on her TikTok account.

Given its popularity, it's no surprise that Roblox was eager to include the Apple Dance in a collaboration with Charli XCX for their popular game, Dress to Impress, a creative fashion contest within the platform. According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially reached out to her to license the Apple Dance for the crossover event. She was open to licensing the dance, as she had done with Fortnite and Netflix through formal agreements, but no final agreement was reached with Roblox.

Heyer's legal complaint asserts that Roblox went ahead and released the Apple Dance emote for sale during the event, even before negotiations were finalized and without her consent. She estimates that over 60,000 Apple Dance emotes were sold, generating approximately $123,000 in revenue. The lawsuit emphasizes that the dance emote, though part of a Charli XCX-themed event, is not tied to the song or Charli XCX, thereby asserting it as Heyer's exclusive intellectual property.

The suit charges Roblox with copyright infringement and unjust enrichment, seeking the profits Roblox made from the dance, plus additional damages for the harm inflicted on Heyer's brand and herself, and legal 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."