Charli XCX's Viral Apple Dance Creator Sues Roblox Over Unauthorized Use in Game

Kelley Heyer, a prominent TikTok influencer renowned for her creation of the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their platform without her consent, subsequently profiting from it.

For those unfamiliar, the "Apple Dance" is a popular dance routine that Heyer developed and popularized on TikTok, set to Charli XCX's track "Apple." Its widespread acclaim led to its feature in Charli XCX's tour and on her TikTok account.

Roblox's interest in the "Apple Dance" stemmed from a collaboration with Charli XCX for their game "Dress to Impress." According to a report by Polygon, the lawsuit was filed in California last week. Heyer claims that Roblox initially reached out to her to license the dance for the event. While she was open to licensing it, as evidenced by her agreements with Fortnite and Netflix, she never finalized a deal with Roblox.

Heyer's lawsuit contends that Roblox prematurely released the "Apple Dance" emote for sale during the event, before any agreement was reached and without her permission. It is alleged that Roblox sold over 60,000 units of the emote, generating approximately $123,000 in revenue. The suit emphasizes that the dance emote, despite being part of a Charli XCX event, is not tied to the song or Charli XCX, thus belonging solely to Heyer as her intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox made from the dance, additional damages for the harm to her brand and herself, and coverage of her 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."