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

Kelley Heyer, a renowned TikTok influencer and the creative mind behind 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 and profited from it.

For those unfamiliar with the trend, the "Apple Dance" is a popular routine created by Heyer and popularized on TikTok to the tune of Charli XCX's "Apple." Its widespread popularity led to its feature in Charli XCX's tour and on her TikTok channel.

It's no surprise that Roblox was eager to include the "Apple Dance" in a collaboration with Charli XCX for the popular game within Roblox, Dress to Impress, a creative fashion contest. According to Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the dance for the crossover event. She was open to the idea, having successfully licensed it to Fortnite and Netflix through signed agreements, but no final agreement was reached with Roblox.

Heyer contends that Roblox released the "Apple Dance" emote for sale during the event before negotiations concluded and without her consent. She estimates that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales. The lawsuit further asserts that, despite being part of a Charli XCX event, the dance emote is not linked to the song or Charli XCX, making it exclusively Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, as well as 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, 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."