Charli XCX's Viral Apple Dance Creator Sues Roblox Over Unauthorized Use in Game

Kelley Heyer, a TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has taken legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game and profited from it without her consent. The "Apple Dance" gained significant popularity, being featured in Charli XCX's tour and shared on her TikTok account.

It's not surprising that Roblox sought to include the Apple Dance in a collaboration with Charli XCX for the popular game Dress to Impress, a creative fashion contest within Roblox. According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the Apple Dance for the crossover event. She was open to the idea, having previously licensed it to Fortnite and Netflix with signed agreements, but no agreement was reached with Roblox.

Heyer alleges that Roblox released the Apple Dance emote for sale during the event before negotiations were finalized and without her permission. She states that Roblox sold over 60,000 Apple Dance emotes, generating an estimated $123,000 in sales. The lawsuit asserts that while the emote was part of a Charli XCX event, the dance itself is not linked to the song or Charli XCX, making it solely Heyer's intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, along with damages for the harm caused to her brand and herself, plus 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."