Kelley Heyer, a TikTok influencer and creator of a viral dance to Charli XCX’s tune “Apple”, is suing Roblox, alleging it used the “Apple Dance” in the sport and profited off her work with out her permission.
In case you’re not precisely up on the hip developments of the youth, the “Apple Dance” is precisely what it says on the tin: a catchy dance conceived by Heyer and shared by way of TikTok to Charli XCX’s tune “Apple”. The dance has turn into extremely well-liked, to the purpose of being shouted out in Charli XCX’s tour and shared on Charli XCX’s TikTok.
So it is unsurprising that Roblox wished the Apple Dance as half of a collaboration between Charli XCX and one of the most well-liked video games inside Roblox: artistic trend contest recreation Dress to Impress. Noticed by Polygon, the lawsuit in query was filed final week in California, in which Heyer claims that initially, Robox did contact her to license the Apple Dance for the crossover occasion. Heyer says that she was open to the concept of the dance being licensed if the phrases had been proper – she even licensed it to Fortnite and Netflix by way of precise, signed agreements – however by no means reached an precise settlement with Roblox.
Heyer alleges that Robox launched the Apple Dance emote for sale in the occasion earlier than negotiations had been ever accomplished and with out Heyer giving her consent for its use. Heyer says that Roblox bought over 60,000 Apple Dance emotes, ensuing in an estimated $123,000 in gross sales. The swimsuit additionally argues that whereas the emote was a component of a Charli XCX occasion, the dance emote itself is unattached to the tune or Charli XCX, and thus is solely Heyer’s mental property.
The swimsuit accuses Roblox of copyright infringement and unjust enrichment, and requests reduction in the shape of the income Roblox obtained from the dance plus damages consequently of Roblox harming Heyer’s model and Heyer herself, plus lawyer’s charges.
Replace 2:15 p.m. PT: Heyer’s attoney, Miki Anzai, shared the next assertion: “Roblox moved ahead utilizing Kelley’s IP with no signed settlement. Kelley is an unbiased creator who ought to be compensated pretty for her work and we noticed no different choice than to file swimsuit to show that. We stay prepared and open to settle and hope to come to a peaceable settlement.”
Rebekah Valentine is a senior reporter for IGN. You’ll find her posting on BlueSky @duckvalentine.bsky.social. Received a narrative tip? Ship it to rvalentine@ign.com.