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 and profited from it without obtaining her permission.
For those unfamiliar with the latest trends among the younger audience, the "Apple Dance" is a lively routine choreographed by Heyer and popularized through TikTok, set to Charli XCX's track "Apple." The dance's popularity soared to such heights that it was featured during Charli XCX's tour and shared on her TikTok account.
It's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX within one of their top games, Dress to Impress, a creative fashion contest. According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially reached out to her to license the "Apple Dance" for the crossover event. She was open to licensing the dance, as evidenced by her prior agreements with Fortnite and Netflix, but no deal was finalized with Roblox.
Heyer contends that Roblox proceeded to release the "Apple Dance" emote for sale during the event, before negotiations were concluded and without her consent. She estimates that over 60,000 "Apple Dance" emotes were sold, generating approximately $123,000 in revenue. The lawsuit further asserts that despite the emote being part of a Charli XCX event, it is not intrinsically linked to the song or artist, making it exclusively Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits earned from the dance, damages for the harm inflicted on Heyer's brand and herself, as well as attorney's fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, released a statement saying, "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."
