Kelley Heyer, a prominent TikTok influencer known 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, subsequently profiting from it.
For those unfamiliar with the trend, the "Apple Dance" is a popular dance routine that Heyer developed and shared on TikTok, set to Charli XCX's track "Apple." Its popularity soared, earning mentions during Charli XCX's tour and being featured on the singer's TikTok account.
It's no surprise that Roblox, a platform known for its user-generated content, 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, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the "Apple Dance" for the event. She was open to the idea, having previously licensed the dance to Fortnite and Netflix through formal agreements. However, no such agreement was reached with Roblox.
Heyer's lawsuit contends that Roblox released the "Apple Dance" emote for sale during the event before negotiations were finalized and without her consent. She states that Roblox sold over 60,000 "Apple Dance" emotes, generating an estimated $123,000 in revenue. The suit further argues that although the emote was part of a Charli XCX-themed event, the dance itself is not tied to the song or Charli XCX, 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, along with damages for the harm to her brand and herself, plus 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."
