Kelley Heyer, a renowned TikTok influencer and the mastermind 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 obtaining her consent, subsequently profiting from it.
For those unfamiliar with the trend, the "Apple Dance" is a lively routine created by Heyer and popularized on TikTok, accompanied by Charli XCX's track "Apple." Its widespread appeal led to its feature in Charli XCX's tour and on her TikTok account.
It's not surprising that Roblox, a platform known for its user-generated content, sought to include the "Apple Dance" in a collaboration with Charli XCX within 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 reached out to license the "Apple Dance" for their event. While Heyer was open to the idea under the right terms—having previously licensed the dance to Fortnite and Netflix—she asserts that no agreement was finalized with Roblox.
Heyer's lawsuit contends that Roblox proceeded to release and sell over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales, before any negotiations were concluded and without her permission. The suit emphasizes that the "Apple Dance" emote, while part of a Charli XCX-themed event, is not directly linked to the song or artist, thus solely representing Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for the harm inflicted on Heyer's brand and herself, and coverage of attorney's fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued a 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."
