Kelley Heyer, a TikTok influencer who created the viral dance for Charli XCX's song "Apple," has filed a lawsuit against Roblox, alleging the platform used her "Apple Dance" in a game and profited without her consent.
For those unfamiliar with the latest trends, the "Apple Dance" is a vibrant dance routine crafted by Heyer and popularized on TikTok, set to Charli XCX's song "Apple." Its massive popularity led to recognition during Charli XCX's tour and features on her TikTok account.
Roblox incorporated the Apple Dance into a collaboration with Charli XCX for the popular game Dress to Impress, a creative fashion contest. According to Polygon, Heyer’s lawsuit, filed last week in California, claims Roblox initially contacted her to license the dance for the event. Heyer was open to licensing it, as she had with Fortnite and Netflix through signed agreements, but no deal was finalized with Roblox.
Heyer alleges Roblox sold the Apple Dance emote during the event without completing negotiations or obtaining her permission. The lawsuit states Roblox sold over 60,000 emotes, generating approximately $123,000 in revenue. It further argues that the emote, despite being part of a Charli XCX event, is independent of the song or artist, making it Heyer’s intellectual property.
The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking profits from the dance, damages for harm to Heyer’s brand and reputation, and attorney’s fees.
Update 2:15 p.m. PT: Heyer’s attorney, Miki Anzai, provided this statement: "Roblox used Kelley’s intellectual property without a signed agreement. As an independent creator, Kelley deserves fair compensation for her work, leaving us no choice but to file this lawsuit. We remain open to a peaceful resolution."
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