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

Kelley Heyer, a prominent TikTok influencer renowned 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 obtaining her permission, thereby profiting from her intellectual property.

For those unfamiliar with the trend, the "Apple Dance" is a captivating routine that Heyer developed and popularized on TikTok, set to Charli XCX's track "Apple." Its widespread popularity led to its inclusion in Charli XCX's tour and its feature on the singer's TikTok account.

Given the dance's viral success, it's no surprise that Roblox was keen on featuring the "Apple Dance" in a collaboration with Charli XCX for their popular game, Dress to Impress, a creative fashion contest within the Roblox platform. According to a report by Polygon, the lawsuit was filed in California last week. Heyer claims that Roblox initially approached her to license the "Apple Dance" for the event. Although she was open to the idea under suitable terms—having previously licensed the dance to Fortnite and Netflix—negotiations with Roblox never culminated in a signed agreement.

Heyer's lawsuit contends that Roblox proceeded to release the "Apple Dance" emote for sale during the event without concluding negotiations and without her consent. She alleges that over 60,000 units of the "Apple Dance" emote were sold, generating an estimated $123,000 in revenue. The suit further asserts that while the emote was part of a Charli XCX-themed event, the dance itself is not intrinsically linked to the song or Charli XCX, making it exclusively Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks relief in the form of the profits Roblox earned from the dance, additional damages due to the harm inflicted on her brand and herself, and coverage of her attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, provided 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."