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, subsequently profiting from it. The "Apple Dance," a simple yet catchy routine, gained immense popularity on TikTok, earning mentions during Charli XCX's tour and on her TikTok account.

The controversy centers around Roblox's use of the "Apple Dance" in a collaboration with Charli XCX for the popular game within Roblox, "Dress to Impress." According to a lawsuit filed last week in California, Roblox initially approached Heyer to license the dance for the event. Heyer, who had previously licensed the dance to Fortnite and Netflix through formal agreements, was open to negotiations but claims no final agreement was reached with Roblox.

Heyer's lawsuit contends that Roblox proceeded to sell over 60,000 "Apple Dance" emotes, generating an estimated $123,000 in sales, before any agreement was finalized and without her consent. The suit emphasizes that the emote, while part of a Charli XCX event, is not tied to the song or Charli XCX herself, asserting that the dance is 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 her brand and herself, plus attorney's fees.

In a recent 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."