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

Kelley Heyer, a TikTok influencer renowned for creating the viral "Apple Dance" to Charli XCX's song "Apple," is taking legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game and profited from it without her consent.

For those unfamiliar, the "Apple Dance" is a popular choreography that Heyer devised and shared on TikTok, set to Charli XCX's track "Apple." Its widespread popularity led to it being featured in Charli XCX's tour and on her TikTok channel.

It's no surprise that Roblox, a platform known for integrating popular culture into its games, was interested in including the Apple Dance in a collaboration with Charli XCX for their popular game, Dress to Impress. According to Polygon, Heyer's lawsuit, filed last week in California, claims that Roblox initially reached out to license the dance for this event. Heyer was open to licensing her dance, having previously done so with Fortnite and Netflix, but no agreement was finalized with Roblox.

Heyer's legal action states that Roblox proceeded to sell the Apple Dance emote during the event, despite ongoing negotiations and without Heyer's approval. She claims that over 60,000 units were sold, generating an estimated $123,000 in revenue. The lawsuit emphasizes that the dance emote, while part of a Charli XCX-themed event, is not tied to the song or Charli XCX, making it Heyer's exclusive intellectual property.

The suit charges Roblox with copyright infringement and unjust enrichment, seeking the profits made from the dance, additional damages for harm to Heyer's brand and herself, and coverage of legal fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued 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."