Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without obtaining the necessary permissions, thus profiting from her intellectual property without compensation.

The "Apple Dance" has gained significant traction, becoming a cultural phenomenon highlighted during Charli XCX's tour and featured on her TikTok account. This popularity likely prompted Roblox to include the dance in a collaboration with Charli XCX for their popular game, Dress to Impress.

According to a lawsuit filed in California, as reported by Polygon, Roblox initially approached Heyer to license the "Apple Dance" for their event. Heyer was open to negotiations, having previously licensed the dance to Fortnite and Netflix through formal agreements. However, she claims that Roblox proceeded to release the "Apple Dance" emote for sale during the event without finalizing an agreement or receiving her consent.

Heyer's lawsuit states that Roblox sold over 60,000 "Apple Dance" emotes, generating an estimated $123,000 in sales. The suit emphasizes that the emote, while part of a Charli XCX event, is not directly linked to the song or the artist, asserting that the dance is exclusively Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox earned from the dance, along with damages for the harm caused to her brand and herself, plus attorney's fees.

In a statement provided by Heyer's attorney, Miki Anzai, it was noted that Roblox utilized Heyer's intellectual property without a signed agreement. Anzai emphasized Heyer's status as an independent creator deserving fair compensation for her work. While the lawsuit has been filed, Anzai expressed a willingness to settle and hopes for a peaceful resolution.