Kelley Heyer, a renowned TikTok influencer and the mastermind behind the viral "Apple Dance" to Charli XCX's song "Apple," has taken legal action against Roblox. She alleges that the gaming platform incorporated her dance into their game without her permission and subsequently profited from it.
For those unfamiliar with the latest trends, the "Apple Dance" is a dynamic routine created by Heyer and popularized on TikTok, set to Charli XCX's track "Apple." Its widespread appeal led to it being featured in Charli XCX's tour and shared on her TikTok account.
Given its popularity, it's no surprise that Roblox sought to include the "Apple Dance" in a collaborative event with Charli XCX for their popular game, Dress to Impress. According to a report by Polygon, Heyer filed a lawsuit in California last week, claiming that Roblox initially reached out to license the "Apple Dance" for this event. Heyer was open to the idea, having successfully licensed the dance to Fortnite and Netflix through formal agreements. However, she asserts that no such agreement was ever finalized with Roblox.
Heyer's lawsuit claims that Roblox went ahead and released the "Apple Dance" emote for sale within the event, despite ongoing negotiations and without her consent. She states that Roblox sold over 60,000 of these emotes, generating an estimated $123,000 in revenue. The suit further contends that although the emote was part of a Charli XCX-themed event, it is not intrinsically linked to the song or Charli XCX, thereby asserting that the dance remains Heyer's exclusive intellectual property.
The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking compensation for the profits Roblox made from the dance, additional damages for the harm inflicted on her brand and herself, as well as coverage of her legal fees.
Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, released 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."
