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 "Apple Dance" into their game without her permission and profited from it.
The "Apple Dance" is a popular dance routine that Heyer developed and shared on TikTok, which has gained significant traction, including being featured in Charli XCX's tour and on her TikTok account. Given its popularity, it's understandable that Roblox would want to feature the "Apple Dance" in a collaboration with Charli XCX for their game, Dress to Impress, a creative fashion contest within Roblox.
According to a lawsuit filed last week in California, as reported by Polygon, Roblox initially approached Heyer to license the "Apple Dance" for this crossover event. Heyer was open to licensing the dance, having previously licensed it to Fortnite and Netflix with signed agreements. However, she claims no final agreement was reached with Roblox.
Heyer contends that Roblox proceeded to release the "Apple Dance" emote for sale during the event, without completing negotiations and without her consent. She alleges that Roblox sold over 60,000 "Apple Dance" emotes, generating an estimated $123,000 in sales. The lawsuit emphasizes that the emote, though part of a Charli XCX event, is not tied to the song or Charli XCX, asserting that the dance is solely Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks relief in the form of the profits Roblox made from the dance, damages for harm to her brand and herself, and attorney's fees.
In a statement, Heyer's attorney, Miki Anzai, said, "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."
