Kelley Heyer, a prominent TikTok influencer renowned for her creation of the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their platform and profited from it without obtaining her permission.
For those unfamiliar with the latest trends among younger audiences, the "Apple Dance" is a lively routine choreographed by Heyer and popularized on TikTok. Its widespread appeal led to it being highlighted during Charli XCX's tour and featured on the singer's TikTok account.
Given its popularity, it's not surprising that Roblox sought to include the "Apple Dance" in a collaboration with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, the lawsuit was initiated last week in California. Heyer claims that Roblox initially approached her to license the dance for the crossover event. She was open to licensing the dance, having previously done so with Fortnite and Netflix through formal agreements, but no such deal was finalized with Roblox.
Heyer's legal complaint asserts that Roblox went ahead and released the "Apple Dance" emote for sale during the event before any agreement was reached and without her consent. She states that Roblox sold over 60,000 units of the "Apple Dance" emote, generating an estimated revenue of $123,000. The lawsuit further contends that, despite being part of a Charli XCX-themed event, the dance emote itself is not tied to the song or the artist, making it Heyer's exclusive intellectual property.
The lawsuit charges Roblox with copyright infringement and unjust enrichment, seeking compensation equal to the profits Roblox made from the dance, additional damages for the harm caused to Heyer's brand and herself, as well as 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."
