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

Kelley Heyer, a renowned TikTok influencer and creator of the viral "Apple Dance" to Charli XCX's song "Apple", has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her permission, subsequently profiting from it.

The "Apple Dance", which Heyer choreographed and popularized through TikTok, has garnered significant attention, including mentions during Charli XCX's tour and features on the artist's TikTok account. Its widespread popularity led Roblox to include the dance in their game "Dress to Impress" as part of a collaboration with Charli XCX.

According to the lawsuit filed in California, Roblox initially reached out to Heyer to license the "Apple Dance" for the event. Heyer was open to the idea, having previously licensed the dance to Fortnite and Netflix with signed agreements. However, she claims that no final agreement was reached with Roblox before they released the "Apple Dance" emote for sale within the game. Heyer alleges that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales.

The lawsuit asserts that the "Apple Dance" emote is not tied to Charli XCX's song or persona, making it solely Heyer's intellectual property. Heyer is accusing Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for 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."