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

Kelley Heyer, a prominent TikTok influencer and the creator of the viral "Apple Dance" to Charli XCX's song "Apple," is taking legal action against Roblox. Heyer alleges that Roblox used her "Apple Dance" within their game, profiting from her work without her consent. The "Apple Dance" has gained immense popularity, being featured in Charli XCX's tour and shared on her TikTok account, making it a cultural phenomenon among younger audiences.

The dispute centers around Roblox's use of the "Apple Dance" in a collaboration event with Charli XCX for the game Dress to Impress, a popular creative fashion contest within Roblox. According to the lawsuit, filed last week in California and spotted by Polygon, Roblox initially approached Heyer to license the dance for this event. Heyer, who has previously licensed the dance to Fortnite and Netflix, was open to the idea but never reached a finalized agreement with Roblox.

Heyer claims that Roblox went ahead and released the "Apple Dance" emote for sale during the event, without her consent and before negotiations were completed. The lawsuit states that Roblox sold over 60,000 of these emotes, generating approximately $123,000 in sales. Heyer argues that the dance emote, although part of a Charli XCX-themed event, is not inherently connected to the song or Charli XCX, thus remaining solely her 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, as well as damages for the harm to her brand and herself, plus attorney's fees.

In an update, Heyer's attorney, Miki Anzai, released a statement saying, "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."