TikTok Star Sues Roblox for Unauthorized Use of Viral Apple Dance

Kelley Heyer, a TikTok influencer who created the viral "Apple Dance" for Charli XCX's song "Apple," has filed a lawsuit against Roblox, claiming the platform used her dance in a game and profited without her consent.

For those unfamiliar with trending youth culture, the "Apple Dance" is a vibrant choreography crafted by Heyer and popularized on TikTok to Charli XCX's track "Apple." Its widespread popularity led to mentions during Charli XCX's tour and features on her TikTok account.

Roblox incorporated the Apple Dance into a collaboration with the hit game Dress to Impress, a creative fashion contest. According to Polygon, Heyer filed the lawsuit in California last week, noting that Roblox initially approached her to license the dance for the event. Heyer was open to licensing it, as she had done with Fortnite and Netflix through signed agreements, but no deal was finalized with Roblox.

Heyer claims Roblox sold the Apple Dance emote during the event without her approval, alleging over 60,000 emotes were sold, generating approximately $123,000. The lawsuit clarifies that the emote, used in a Charli XCX-themed event, is independent of the song or artist, making it Heyer’s exclusive intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking profits from the dance, damages for harm to Heyer’s brand and reputation, and attorney’s fees.

Update 2:15 p.m. PT: Heyer’s attorney, Miki Anzai, stated: "Roblox used Kelley’s intellectual property without a signed agreement. As an independent creator, Kelley deserves fair compensation, and we had no choice but to file this lawsuit. We remain open to a peaceful resolution."