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

Kelley Heyer, a prominent TikTok influencer and the creative mind behind the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer's lawsuit, filed in California, claims that Roblox incorporated her "Apple Dance" into their game without her consent, subsequently profiting from it.

For those unfamiliar with the trend, the "Apple Dance" is a popular dance routine choreographed by Heyer and popularized on TikTok, set to Charli XCX's track "Apple." Its popularity has soared to the extent that it was featured during Charli XCX's tour and on her TikTok account.

Roblox, aiming to capitalize on this trend, included the "Apple Dance" in a collaborative event with Charli XCX within their popular game, Dress to Impress. According to the lawsuit, Roblox initially reached out to Heyer to license the dance for this event. Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix, but she claims no final agreement was reached with Roblox.

Heyer alleges that Roblox went ahead and released the "Apple Dance" emote for sale during the event, despite ongoing negotiations and without her permission. She states that Roblox sold over 60,000 of these emotes, generating an estimated $123,000 in sales. The lawsuit further argues that the dance emote, though part of a Charli XCX event, is not tied to the song or Charli XCX and is solely 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, along with 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."