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 dance into their game without obtaining her permission, subsequently profiting from her intellectual property.
For those not familiar with the latest trends among younger audiences, the "Apple Dance" is a popular routine choreographed by Heyer and popularized on TikTok alongside Charli XCX's track. The dance's widespread appeal led to its mention during Charli XCX's tour and its sharing on the artist's TikTok account.
It's no surprise that Roblox sought to feature the Apple Dance in their game, particularly in a collaboration with Charli XCX for the popular creative fashion contest game, Dress to Impress. According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the Apple Dance for the crossover event. She was amenable to licensing the dance, having previously entered into signed agreements with Fortnite and Netflix, but no final agreement was reached with Roblox.
Heyer contends that Roblox prematurely released the Apple Dance emote for sale during the event, prior to the completion of negotiations and without her consent. She asserts that Roblox sold over 60,000 Apple Dance emotes, generating approximately $123,000 in sales. The lawsuit further argues that while the emote was featured in a Charli XCX event, the dance itself is not tied to the song or artist, thus belonging exclusively to Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox earned from the dance, along with damages for the harm inflicted on 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."
