Kelley Heyer, a 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 dance into their game without her consent, subsequently profiting from it.
For those unfamiliar with the latest trends, the "Apple Dance" is a popular choreography devised by Heyer and popularized through TikTok, set to Charli XCX's track "Apple." Its widespread appeal led to it being featured in Charli XCX's tour and on her TikTok platform.
Given its popularity, it's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, Heyer filed a lawsuit last week in California. She claims that Roblox initially approached her to license the dance for the event. While Heyer was open to licensing, as evidenced by her agreements with Fortnite and Netflix, no deal was finalized with Roblox.
Heyer alleges that Roblox proceeded to sell the "Apple Dance" emote during the event, prior to concluding negotiations and without her approval. She reports that Roblox sold over 60,000 emotes, generating approximately $123,000 in revenue. The lawsuit argues that the emote, although part of a Charli XCX-themed event, is not inherently linked to the song or artist, making it exclusively Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks the profits Roblox earned from the dance, as well as damages for harm to her brand and herself, along with 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."
