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 and profited from it. For those unfamiliar with the trend, the "Apple Dance" is a captivating choreography that Heyer devised and popularized on TikTok, which has since been acknowledged by Charli XCX herself during her tour and on her TikTok account.

It's no surprise that Roblox sought to feature the Apple Dance in a collaboration with Charli XCX for the popular game within their platform, Dress to Impress. According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially reached out to license the Apple Dance for the crossover event. She was open to licensing the dance, having previously done so with Fortnite and Netflix through signed agreements, but an agreement with Roblox was never finalized.

Heyer's lawsuit states that Roblox proceeded to release the Apple Dance emote for sale during the event without her consent, prior to the completion of negotiations. She reports that Roblox sold over 60,000 Apple Dance emotes, generating an estimated revenue of $123,000. The suit further asserts that the emote, although part of a Charli XCX event, is not intrinsically linked to the song or Charli XCX, and is thus solely Heyer's intellectual property.

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