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.

The "Apple Dance" has gained significant popularity, being featured in Charli XCX's tour and on her TikTok account. Roblox, aiming to capitalize on this trend, included the dance in a collaboration with Charli XCX for the popular in-game fashion contest, Dress to Impress. According to a lawsuit filed in California last week, Roblox initially approached Heyer to license the dance for the event. Despite Heyer's willingness to negotiate and her previous licensing agreements with Fortnite and Netflix, no final agreement was reached with Roblox.

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

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks the profits Roblox made from the dance, additional damages for the harm to her brand and herself, and coverage of her legal fees.

In a statement, Heyer's attorney, Miki Anzai, emphasized that Roblox used Heyer's intellectual property without a signed agreement. Anzai stated, "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."