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

Kelley Heyer, a TikTok influencer renowned for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game and profited from it without her consent.

For those unfamiliar with the latest trends, the "Apple Dance" is a captivating dance routine that Heyer popularized on TikTok, set to Charli XCX's track "Apple." The dance gained immense popularity, earning mentions during Charli XCX's tour and being featured on the singer's TikTok account.

Given its widespread appeal, it's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their popular game, Dress to Impress. According to Polygon, Heyer's lawsuit, filed last week in California, claims that Roblox initially reached out to her to license the "Apple Dance" for this event. Heyer was amenable to licensing the dance, having previously signed agreements with Fortnite and Netflix. However, she never finalized a deal with Roblox.

Heyer's lawsuit asserts that Roblox prematurely released the "Apple Dance" emote for sale during the event, bypassing completed negotiations and without her approval. She claims that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales. The suit further contends that, despite the emote being part of a Charli XCX-themed event, the dance itself is not linked to the song or artist, making it exclusively Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking relief in the form of the profits gained from the dance, along with damages for the harm inflicted on Heyer's 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."