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 dance into their game without her consent and profited from it. The "Apple Dance," which gained immense popularity on TikTok and was even featured in Charli XCX's tour, was reportedly used in a collaboration between Charli XCX and the Roblox game "Dress to Impress."
According to the lawsuit filed in California, Roblox initially approached Heyer to license the "Apple Dance" for the crossover event. Although Heyer was open to licensing her dance, having previously done so with Fortnite and Netflix, no agreement was reached with Roblox. Despite this, Roblox proceeded to release the "Apple Dance" emote for sale within the game, reportedly selling over 60,000 units and generating approximately $123,000 in revenue. Heyer's lawsuit contends that the emote, while part of a Charli XCX event, is not directly tied to the song or artist, making it solely her intellectual property.
Heyer's legal action accuses Roblox of copyright infringement and unjust enrichment. She is seeking the profits Roblox made from the dance, along with damages for harm to her brand and herself, and attorney's fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued 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."
