Kelley Heyer, a prominent TikTok influencer and the creator of the viral "Apple Dance," has taken legal action against Roblox, alleging unauthorized use and profit from her dance choreography. The "Apple Dance," which Heyer created and popularized on TikTok to accompany Charli XCX's song "Apple," has gained significant recognition, even being featured during Charli XCX's tour and on her TikTok account.
Roblox incorporated the "Apple Dance" into their popular game "Dress to Impress" as part of a collaboration with Charli XCX. According to a lawsuit filed in California, as reported by Polygon, Roblox initially approached Heyer to license the dance for the event. Although Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix through formal agreements, she and Roblox never finalized a deal.
Heyer claims that Roblox went ahead and released the "Apple Dance" emote for sale during the event without her consent or a completed agreement. She estimates that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in sales. The lawsuit emphasizes that while the emote was used in a Charli XCX event, it is not inherently linked to the song or artist, asserting that the dance remains 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 herself, and coverage of her legal fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued a statement saying, "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."
