Kelley Heyer, a prominent TikTok influencer and the creator of the viral "Apple Dance" to Charli XCX's song "Apple," is taking legal action against Roblox. Heyer claims that Roblox incorporated her "Apple Dance" into their game without her permission, profiting from her intellectual property.
For those unfamiliar with the latest trends among the younger generation, the "Apple Dance" is a lively dance routine that Heyer developed and popularized on TikTok to Charli XCX's track "Apple." Its widespread popularity led to it being featured in Charli XCX's tour and shared on her TikTok account.
It's no surprise that Roblox saw the value in integrating the Apple Dance into their platform, specifically within the popular game "Dress to Impress" as part of a collaboration with Charli XCX. According to Polygon, the lawsuit was filed last week in California. Heyer alleges that Roblox initially approached her to license the Apple Dance for the crossover event. She was open to licensing the dance, having previously done so with Fortnite and Netflix through formal agreements. However, no such agreement was finalized with Roblox.
Heyer contends that Roblox proceeded to sell the Apple Dance emote during the event without completing negotiations and without her consent. She claims that Roblox sold over 60,000 Apple Dance emotes, generating approximately $123,000 in revenue. The lawsuit further asserts that although the emote was part of a Charli XCX event, it is not directly linked to the song or Charli XCX, making it exclusively Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox earned from the dance, damages for the harm done to her brand and herself, and attorney's 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."
