Kelley Heyer, a renowned TikTok influencer and the creative mind behind the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her "Apple Dance" into their game without her permission, capitalizing on her intellectual property for profit.
For those unfamiliar with current social media trends, the "Apple Dance" is a popular choreography that Heyer developed and popularized on TikTok, set to Charli XCX's track "Apple." Its widespread appeal led to it being featured during Charli XCX's tour and on her official TikTok account.
It's understandable that Roblox would want to include the "Apple Dance" in their game, particularly as part of a collaboration with Charli XCX in the popular fashion contest game within Roblox, "Dress to Impress." According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially reached out to her to license the "Apple Dance" for their event. She was open to licensing it, having previously done so with Fortnite and Netflix under formal agreements. However, she asserts that no final agreement was ever reached with Roblox.
Heyer alleges that Roblox went ahead and released the "Apple Dance" emote for sale during the event, despite negotiations being incomplete and without her consent. She reports that Roblox sold over 60,000 units of the "Apple Dance" emote, generating an estimated $123,000 in sales. The lawsuit further contends that although the emote was part of a Charli XCX-themed event, it is not inherently linked to the song or Charli XCX, making it solely Heyer's intellectual property.
The suit charges Roblox with copyright infringement and unjust enrichment, seeking relief in the form of Roblox's profits from the dance sales, along with damages for the harm caused to 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."
