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 and profited from it without obtaining her consent.
The "Apple Dance" has gained significant popularity, being featured in Charli XCX's tour and on her TikTok account. This led to Roblox's interest in featuring the dance in a collaboration with Charli XCX for their popular game, Dress to Impress. According to a lawsuit filed in California, Roblox initially approached Heyer to license the dance for the event. Heyer was open to licensing the dance, having previously done so with Fortnite and Netflix through formal agreements. However, she claims that no agreement was finalized with Roblox before they released the "Apple Dance" emote for sale during the event.
Heyer's lawsuit states that Roblox sold over 60,000 units of the "Apple Dance" emote, generating approximately $123,000 in sales. She argues that the emote, although part of a Charli XCX-themed event, is not tied to the song or artist and is therefore her exclusive intellectual property. The suit charges Roblox with copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to Heyer's brand and herself, and attorney's fees.
In a statement, Heyer's attorney, Miki Anzai, emphasized that Roblox proceeded with Heyer's intellectual property without a signed agreement. Anzai highlighted Heyer's status as an independent creator deserving fair compensation and expressed a willingness to settle the dispute amicably.
