Kelley Heyer, a prominent TikTok influencer renowned 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 game without her permission, subsequently profiting from her intellectual property. The "Apple Dance," a simple yet captivating routine, gained immense popularity on TikTok, earning mentions during Charli XCX's tour and features on the singer's own TikTok account.
The lawsuit, filed in California and highlighted by Polygon, stems from a proposed collaboration between Charli XCX and Roblox's popular game, Dress to Impress. According to the suit, Roblox initially approached Heyer to license the "Apple Dance" for the event. Heyer was open to the idea, having previously licensed the dance to Fortnite and Netflix through formal agreements. However, she claims that no final agreement was reached with Roblox before they released the "Apple Dance" emote for sale within the game.
Heyer asserts that Roblox sold over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales. The lawsuit emphasizes that the emote, while part of a Charli XCX-themed event, is not directly linked to the song or the artist, making it exclusively Heyer's intellectual property. The legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to Heyer's brand and personal reputation, and attorney's fees.
In a recent update, Heyer's attorney, Miki Anzai, stated, "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."
