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

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 consent and profited from it. The "Apple Dance," a simple yet captivating routine, gained massive popularity on TikTok, receiving recognition from Charli XCX herself during her tours and on her social media platforms.

According to reports from Polygon, the lawsuit was filed in California last week. Heyer claims that Roblox initially approached her to license the "Apple Dance" for a special event in collaboration with Charli XCX within the popular Roblox game, Dress to Impress. While Heyer was open to licensing the dance, having successfully done so with Fortnite and Netflix in the past, no agreement was finalized with Roblox. Despite this, Heyer alleges that Roblox proceeded to release the "Apple Dance" emote for sale during the event, selling over 60,000 units and generating approximately $123,000 in revenue.

Heyer's lawsuit emphasizes that the "Apple Dance" emote, though part of a Charli XCX-themed event, is not tied to the song or Charli XCX directly, making it Heyer's exclusive intellectual property. The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking not only the profits made from the dance but also additional damages for the harm caused to Heyer's brand and personal reputation, along with attorney's fees.

In a statement provided by Heyer's attorney, Miki Anzai, it was emphasized that Roblox utilized Heyer's intellectual property without a signed agreement. Anzai stated, "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."