Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox utilized her dance in their game without her consent, profiting from her intellectual property.
The "Apple Dance," which Heyer originally shared on TikTok, has gained significant popularity, being featured in Charli XCX's tour and on her TikTok account. The dance's widespread recognition led to Roblox's interest in incorporating it into a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, the lawsuit was filed in California last week.
Heyer claims that Roblox initially approached her to license the "Apple Dance" for the crossover event. While she was open to the idea and had previously licensed the dance to Fortnite and Netflix with signed agreements, she never reached a finalized agreement with Roblox. Heyer alleges that Roblox proceeded to release the "Apple Dance" emote for sale within the event without her permission or a completed negotiation. She states that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales.
The lawsuit argues that although the emote was part of a Charli XCX event, it is not directly linked to the song or Charli XCX, asserting that the dance remains solely Heyer's intellectual property. Heyer's legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to her brand and herself, and attorney's fees.
In an 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."
