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 dance into their game without her consent, profiting from her intellectual property.
For those unfamiliar with the trend, the "Apple Dance" is a popular dance routine that Heyer choreographed and popularized on TikTok. Its widespread appeal led to it being featured in Charli XCX's tour and on the singer's TikTok account.
The controversy stems from Roblox's inclusion of the "Apple Dance" in their game "Dress to Impress," a creative fashion contest game, as part of a collaboration with Charli XCX. According to Polygon, Heyer's lawsuit, filed in California last week, reveals that Roblox initially approached her to license the dance for the event. Heyer was open to the idea, having previously licensed the dance to Fortnite and Netflix under formal agreements. However, she claims that no final agreement was reached with Roblox.
Heyer's lawsuit contends that Roblox proceeded to release and sell the "Apple Dance" emote, selling over 60,000 units and generating an estimated $123,000 in sales, before negotiations were concluded and without her permission. The suit emphasizes that the dance emote, although part of a Charli XCX event, is not inherently tied to the song or the artist, asserting that it remains solely Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking relief in the form of the profits Roblox made from the dance, along with damages for the harm inflicted on her brand and herself, plus attorney's 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."
