Kelley Heyer, a prominent TikTok influencer renowned for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox utilized her "Apple Dance" within their platform and profited from it without her consent.
For those not familiar with the latest trends among younger audiences, the "Apple Dance" is a captivating routine that Heyer devised and popularized on TikTok to accompany Charli XCX's song "Apple." This dance has gained immense popularity, earning mentions during Charli XCX's tour and being showcased on Charli XCX's TikTok account.
Given its widespread appeal, it's no surprise that Roblox sought to incorporate the Apple Dance into a collaboration with Charli XCX for their popular game, Dress to Impress, a creative fashion contest within Roblox. According to Polygon, Heyer's lawsuit, filed last week in California, reveals that Roblox initially approached her to license the Apple Dance for the crossover event. Heyer was receptive to licensing the dance, having previously secured agreements with Fortnite and Netflix, but she and Roblox never finalized a deal.
Heyer's legal complaint states that Roblox proceeded to sell the Apple Dance emote during the event before negotiations concluded and without obtaining her permission. She claims that Roblox sold over 60,000 Apple Dance emotes, generating an estimated revenue of $123,000. The lawsuit further contends that while the emote was part of a Charli XCX-themed event, the dance itself is not linked to the song or Charli XCX, asserting that it is solely Heyer's intellectual property.
The suit charges Roblox with copyright infringement and unjust enrichment, seeking remedies that include the profits Roblox earned from the dance, as well as damages for the harm inflicted on Heyer's brand and herself, plus 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."
