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

Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her consent, profiting from her intellectual property.

The "Apple Dance," which Heyer popularized on TikTok, has gained significant traction, being featured in Charli XCX's tour and on her TikTok account. Roblox, aiming to capitalize on this popularity, included the dance in a collaboration with Charli XCX for their game "Dress to Impress," a creative fashion contest within the platform.

According to the lawsuit filed in California and reported by Polygon, Roblox initially approached Heyer to license the "Apple Dance" for the event. Heyer was open to the idea, having previously licensed the dance to Fortnite and Netflix with signed agreements. However, no final agreement was reached with Roblox before they released the "Apple Dance" emote for sale during the event.

Heyer claims that Roblox sold over 60,000 units of the "Apple Dance" emote, generating approximately $123,000 in revenue. The lawsuit asserts that the emote, despite being part of a Charli XCX event, is not tied to the song or artist, and thus remains Heyer's intellectual property. The suit charges Roblox with copyright infringement and unjust enrichment, seeking the profits made from the emote, additional damages for harm to Heyer's brand, and legal 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."