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 initiated legal action against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their game without her permission, profiting from her intellectual property.

For those not familiar with the latest trends, the "Apple Dance" is a captivating routine choreographed by Heyer and popularized on TikTok, accompanying Charli XCX's track "Apple." Its widespread acclaim led to it being featured in Charli XCX's tour and shared on her TikTok platform.

It's not surprising that Roblox, in collaboration with Charli XCX for the popular game "Dress to Impress," sought to include the "Apple Dance." According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the "Apple Dance" for the event. While Heyer was open to licensing the dance, similar to her agreements with Fortnite and Netflix, no final agreement was reached with Roblox.

Heyer alleges that Roblox went ahead and released the "Apple Dance" emote for sale during the event, even before negotiations concluded and without her consent. She states that Roblox sold over 60,000 units of the "Apple Dance" emote, generating approximately $123,000 in revenue. The lawsuit further contends that the emote, though part of a Charli XCX-themed event, is not inherently connected to the song or Charli XCX, making it solely Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking compensation for the profits Roblox earned from the dance, along with damages for the harm to her brand and herself, plus attorney's 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."