Creator of Viral Charli XCX Apple Dance Sues Roblox for Using Dance in Dress to Impress Without Permission

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 "Apple Dance" into their game without her permission, profiting from her intellectual property.

For those unfamiliar with current trends, the "Apple Dance" is a popular dance routine choreographed by Heyer and popularized through TikTok, accompanying Charli XCX's song "Apple." Its widespread acclaim led to its mention during Charli XCX's tour and its feature on the artist's TikTok account.

Given its popularity, it's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their game "Dress to Impress," a creative fashion contest within Roblox. According to a report by Polygon, Heyer filed a lawsuit last week in California. She claims that Roblox initially approached her to license the "Apple Dance" for the event. While open to licensing, similar to her agreements with Fortnite and Netflix, Heyer states that no final agreement was reached with Roblox.

Heyer's lawsuit contends that Roblox prematurely released the "Apple Dance" emote for sale during the event, before negotiations concluded and without her consent. She alleges that Roblox sold over 60,000 of these emotes, generating an estimated $123,000 in revenue. The suit further asserts that the emote, while part of a Charli XCX-themed event, is not intrinsically linked to the song or Charli XCX, thus belonging solely to Heyer as her intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox earned from the dance, along with damages for the harm inflicted on her brand and herself, plus attorney's fees.

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