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

Kelley Heyer, a 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 game without her permission, subsequently profiting from it. The "Apple Dance," a popular dance move conceived by Heyer and popularized on TikTok, has garnered significant attention, including mentions during Charli XCX's tour and on her TikTok account.

Roblox's interest in the "Apple Dance" stemmed from a collaboration with Charli XCX for the game "Dress to Impress," a creative fashion contest within Roblox. According to Polygon, the lawsuit was filed in California last week. Heyer claims that Roblox initially approached her to license the dance for their event. She was open to the idea, having previously licensed the dance to Fortnite and Netflix with formal agreements, but no deal was finalized with Roblox.

Heyer alleges that Roblox proceeded to release and sell over 60,000 "Apple Dance" emotes before negotiations were concluded and without her consent. The sales are estimated to have generated around $123,000. The lawsuit emphasizes that the emote, although part of a Charli XCX event, is not intrinsically linked to the song or Charli XCX, asserting that the dance is Heyer's exclusive intellectual property.

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

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