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

Kelley Heyer, a renowned TikTok influencer, has initiated legal action against Roblox, alleging unauthorized use of her viral "Apple Dance" in their game. The "Apple Dance," which Heyer created and popularized on TikTok to accompany Charli XCX's song "Apple," has gained significant traction, being featured in Charli XCX's tour and on her TikTok platform.

Roblox incorporated the "Apple Dance" into a collaboration with Charli XCX within their popular game, Dress to Impress. According to the lawsuit filed in California, Roblox initially approached Heyer to license the dance for this event. Heyer, who had previously licensed the dance to Fortnite and Netflix, was open to negotiations but claims that no final agreement was reached with Roblox.

The lawsuit contends that Roblox proceeded to sell the "Apple Dance" emote, releasing it during the event without Heyer's consent. Heyer alleges that Roblox sold over 60,000 units of the emote, generating an estimated $123,000 in revenue. The suit emphasizes that the emote, despite being part of a Charli XCX event, is not tied to the song or artist, asserting that it remains Heyer's intellectual property.

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

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