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" has gained significant popularity, being featured in Charli XCX's tour and shared on her TikTok account. Roblox, aiming to capitalize on this trend, included the dance in a collaboration with Charli XCX for their popular game, Dress to Impress. According to a lawsuit filed in California, Roblox initially approached Heyer to license the dance for this event. Although Heyer was open to licensing the dance, as she had done with Fortnite and Netflix, no agreement was finalized with Roblox.

Heyer claims that Roblox proceeded to sell over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales, before any agreement was reached and without her consent. The lawsuit emphasizes that the emote, while part of a Charli XCX event, is not tied to the song or Charli XCX, asserting that it is exclusively Heyer's intellectual property.

The legal action 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, and attorney's fees.

In an 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."