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

Kelley Heyer, a prominent TikTok influencer and the creator of the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their platform and profited from it without her permission.

For those not familiar with the latest social media trends, the "Apple Dance" is a popular dance routine that Heyer choreographed and shared on TikTok, set to Charli XCX's track "Apple." Its popularity soared to the extent that it was featured in Charli XCX's tour and on her TikTok account.

Given its widespread appeal, it's no surprise that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, Heyer's lawsuit, filed in California last week, reveals that Roblox initially approached her to license the dance for this event. Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix under formal agreements. However, no such agreement was reached with Roblox.

Heyer's legal complaint states that Roblox proceeded to release the "Apple Dance" emote for sale during the event, even though negotiations were still ongoing and without obtaining her consent. She claims that Roblox sold over 60,000 units of the "Apple Dance" emote, generating approximately $123,000 in sales. The lawsuit further contends that the emote, although part of a Charli XCX event, is not tied to the song or the artist, asserting that the dance is solely Heyer's intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, along with damages for the 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."