Kelley Heyer, a renowned TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their game without her permission and profited from it.
For those unfamiliar with the trend, the "Apple Dance" is a popular dance routine that Heyer choreographed and shared on TikTok, which gained significant traction. It was even featured during Charli XCX's tour and on her TikTok account.
Roblox's interest in the "Apple Dance" stemmed from a collaboration with Charli XCX for their popular game, Dress to Impress. According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the dance for the event. Although she was open to licensing, similar to her agreements with Fortnite and Netflix, no final agreement was reached with Roblox.
Heyer's lawsuit asserts that Roblox released the "Apple Dance" emote for sale during the event without her consent and before negotiations were finalized. She estimates that Roblox sold over 60,000 emotes, generating approximately $123,000 in sales. The lawsuit further clarifies that while the emote was part of a Charli XCX event, it is not tied to the song or Charli XCX herself, making it Heyer's exclusive intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, additional damages for harm to her brand and herself, and attorney's fees.
Update 2:15 p.m. PT: Miki Anzai, Heyer's attorney, 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."
