Kelley Heyer, a TikTok influencer celebrated 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 permission, subsequently profiting from it.
The "Apple Dance" has gained significant traction, becoming a cultural phenomenon highlighted during Charli XCX's tour and on her TikTok. The dance's popularity likely prompted Roblox to include it in their collaboration with Charli XCX for the game Dress to Impress, a creative fashion contest within Roblox.
According to a report by Polygon, Heyer filed the lawsuit in California last week. She claims that Roblox initially approached her to license the "Apple Dance" for the event. Heyer was amenable to licensing the dance, having previously entered into agreements with Fortnite and Netflix. However, she never finalized a deal with Roblox.
Heyer's lawsuit contends that Roblox prematurely released the "Apple Dance" emote for sale during the event, without her consent. She alleges that Roblox sold over 60,000 emotes, generating approximately $123,000 in sales. The suit further asserts that the emote, while part of a Charli XCX event, is not inherently linked to the song or artist, and thus remains Heyer's intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks the profits Roblox earned from the emote, along with damages for the harm to her brand and herself, and attorney's fees.
In an update, Heyer's attorney, Miki Anzai, stated, "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."
