Kelley Heyer, a renowned 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 "Apple Dance" into their platform without her consent and profited from it. For those unfamiliar, the "Apple Dance" is a popular dance routine that Heyer developed and shared on TikTok, which gained significant traction, including recognition from Charli XCX herself, who featured it during her tour and on her TikTok.
The inclusion of the "Apple Dance" in Roblox was part of a collaboration with Charli XCX for the popular game "Dress to Impress," a creative fashion contest within Roblox. According to a lawsuit filed last week in California, Roblox initially approached Heyer 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, she claims that no final agreement was reached with Roblox before they released the "Apple Dance" emote for sale during the event.
Heyer asserts that Roblox sold over 60,000 units of the "Apple Dance" emote, generating approximately $123,000 in revenue. She emphasizes that while the emote was associated with a Charli XCX event, it is not linked to the song or Charli XCX herself, making it her exclusive intellectual property. The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to Heyer's 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."
