Kelley Heyer, a TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her permission and profited from it. The "Apple Dance" gained significant popularity, being featured in Charli XCX's tour and shared on her TikTok account.
Roblox reportedly wanted to include the "Apple Dance" in a collaboration with Charli XCX for the popular game within Roblox called "Dress to Impress." According to the lawsuit filed in California, Roblox initially reached out to Heyer to license the dance for the crossover event. Heyer was open to licensing the dance, having previously licensed it to Fortnite and Netflix, but she claims that no final agreement was reached with Roblox.
Heyer alleges that Roblox went ahead and released the "Apple Dance" emote for sale during the event without her consent. She states that Roblox sold over 60,000 units of the emote, generating an estimated $123,000 in sales. The lawsuit argues that although the emote was part of a Charli XCX event, the dance itself is not tied to the song or Charli XCX, and thus is solely Heyer's intellectual property.
The lawsuit accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, along with damages for the harm caused to 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."
