Kelley Heyer, an actor and content creator on TikTok, has initiated legal action against Roblox, claiming unauthorized use and sale of her copyrighted dance to Charli XCX’s song "Apple." This dance gained significant popularity on TikTok and was even incorporated into Charli XCX’s live performances. The lawsuit, filed in California on April 11, alleges that while negotiations were underway to officially license the dance in Roblox, the platform released an emote featuring it before reaching a final agreement with Heyer.
Roblox introduced the dance emote in mid-August alongside the "Dress to Impress" update, which integrated elements from Charli XCX’s summer album, "Brat," into the game on August 17. Heyer originally posted the "Apple" dance on June 15, 2024, and filed for copyright on August 30, subsequent to Roblox’s attempt to license the dance. Although Heyer expressed willingness to license it on August 12, negotiations did not conclude before the emote’s release. The lawsuit accuses Roblox of moving forward without a formal license agreement, denying Heyer rightful compensation for her creation.
Heyer’s attorney, Miki Anzai, stated, "Roblox proceeded with Kelley’s intellectual property without an official agreement. As an independent creator, Kelley deserves fair compensation, leading us to pursue legal action. We remain open to resolving this amicably."
The "Apple" dance emote has been withdrawn from sale on Roblox, having sold more than 60,000 units, generating estimated revenue of $123,000. The complaint emphasizes that since the emote solely features Heyer’s choreography, she should be recognized as the exclusive "artist" for the emote.
In contrast, Heyer’s "Apple" dance was licensed correctly for inclusion as an emote in Fortnite and was also licensed by Netflix. Heyer is seeking the court’s assistance in obtaining the profits Roblox made from the dance, along with other damages. It’s noteworthy that Epic Games, the maker of Fortnite, has faced multiple lawsuits over dance emotes in the past; however, several were dismissed in 2019, including one by Alfonso Ribeiro of "Fresh Prince of Bel-Air." More recent legal actions, like that by choreographer Kyle Hanagami, have seen mixed outcomes, with the latter being revived upon appeal.
In response, a Roblox representative stated, "Roblox places high importance on protecting intellectual property and is devoted to safeguarding the rights of independent creators and brands on its platform. We are confident in our position and look forward to resolving this matter in court."
Update: This article has been amended to incorporate comments from a Roblox spokesperson and Heyer’s legal counsel.
