Kelley Heyer, a renowned TikTok influencer and the creative force behind 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.
For those unfamiliar with the trend, the "Apple Dance" is a popular choreography that Heyer developed and popularized on TikTok. Its widespread appeal led to it being featured in Charli XCX's tour and shared on her TikTok platform.
Roblox's interest in the "Apple Dance" stemmed from a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the dance for the crossover event. While she was open to licensing the dance, as evidenced by her agreements with Fortnite and Netflix, no final agreement was reached with Roblox.
Heyer contends that Roblox went ahead and released the "Apple Dance" emote for sale during the event without her consent. She states that Roblox sold over 60,000 units of the emote, 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 artist, thus belonging solely to Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, along with damages for the harm to her brand and personal reputation, plus attorney's fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, released 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."
