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 unfamiliar with the trend, the "Apple Dance" is a popular choreography developed by Heyer and popularized through TikTok, aligning with Charli XCX's song "Apple." Its widespread popularity led to its mention during Charli XCX's tour and its feature on her TikTok account.

It's understandable that Roblox would want to feature the "Apple Dance" in their collaboration with Charli XCX for the game Dress to Impress, a popular fashion contest within Roblox. According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially contacted her 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 formal agreements, but she never finalized an agreement with Roblox.

Heyer's lawsuit states that Roblox released the "Apple Dance" emote for sale during the event before negotiations were concluded and without obtaining her consent. She reports that Roblox sold over 60,000 "Apple Dance" emotes, generating approximately $123,000 in revenue. The lawsuit further asserts that, although the emote was part of a Charli XCX event, the dance itself is not linked to the song or Charli XCX, making it exclusively Heyer's intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made 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."