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 platform without obtaining the necessary permissions, thereby profiting from her intellectual property without due compensation.

For those not in the loop, the "Apple Dance" is a lively routine choreographed by Heyer and popularized through TikTok, gaining further recognition through Charli XCX's tour and her official TikTok account. Given its widespread popularity, it's no surprise that Roblox sought to feature the "Apple Dance" in a collaboration with Charli XCX for the popular game within their platform, Dress to Impress.

According to a report by Polygon, Heyer's lawsuit was filed in California last week. She claims that Roblox initially reached out to her to license the "Apple Dance" for the event. Heyer was open to licensing her dance, having previously done so with Fortnite and Netflix through formal agreements. However, she states that no final agreement was ever reached with Roblox.

Heyer's legal complaint asserts that Roblox proceeded to release the "Apple Dance" emote for sale within the event before negotiations were concluded and without her consent. She estimates that Roblox sold over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales. The lawsuit further contends that while the emote was part of a Charli XCX-themed event, it is not intrinsically linked to the song or Charli XCX, making it solely Heyer's intellectual property.

The suit charges Roblox with copyright infringement and unjust enrichment, seeking the profits earned from the dance emote, additional damages for the harm caused to Heyer's brand and herself, and 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."