Kelley Heyer, a prominent TikTok influencer renowned for her creation of the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox utilized her "Apple Dance" within their platform and profited from it without securing her permission.
For those unfamiliar with the trend, the "Apple Dance" is a captivating routine choreographed by Heyer and popularized through TikTok videos set to Charli XCX's track "Apple." Its widespread appeal has led to its feature in Charli XCX's tour and on her official TikTok channel.
Given its popularity, it's no surprise that Roblox sought to incorporate the Apple Dance into a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, Heyer's lawsuit was filed last week in California. She claims that Roblox initially approached her to license the Apple Dance for this crossover event. Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix through formal agreements. However, she asserts that no such agreement was finalized with Roblox.
Heyer's allegations state that Roblox proceeded to release the Apple Dance emote for sale during the event, despite ongoing negotiations and without her consent. She reports that Roblox sold over 60,000 Apple Dance emotes, generating approximately $123,000 in revenue. The lawsuit further contends that the emote, featured in the Charli XCX event, is not intrinsically linked to the song or artist, asserting that it remains solely Heyer's intellectual property.
The lawsuit charges Roblox with copyright infringement and unjust enrichment, seeking the profits earned from the dance, along with damages for harm to Heyer's brand and personal reputation, and coverage of attorney's fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, released 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."
