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

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" became a sensation on TikTok, earning mentions during Charli XCX's tour and being featured on the singer's TikTok account.

Roblox reportedly approached Heyer to license the "Apple Dance" for a collaboration with Charli XCX in the popular Roblox game, Dress to Impress. According to the lawsuit filed in California last week, Heyer was initially open to licensing the dance but did not reach a final agreement with Roblox. Despite this, Roblox allegedly proceeded to sell over 60,000 "Apple Dance" emotes during the event, generating an estimated $123,000 in sales.

Heyer's lawsuit claims that the emote, while part of a Charli XCX event, is not tied to the song or the artist, making it exclusively her intellectual property. The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, additional damages for harm to Heyer's brand, and attorney's fees.

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