Creator of Charli XCX's viral 'Apple' dance sues Roblox for unauthorised use of choreography
Kelley Heyer, an actor and TikTok creator, has filed a lawsuit against Roblox for allegedly using and selling her viral 'Apple' dance without finalising a licensing agreement.
The choreography, which gained massive popularity on TikTok and was later incorporated into Charli XCX's live performances, became an emote in Roblox's Dress to Impress update in August 2024, weeks before any deal was officially signed.
Heyer filed the lawsuit on 11 April in California, claiming she was in active negotiations with Roblox to license the dance, which she originally posted on TikTok on 15 June 2024.
She submitted a copyright application on 30 August, two weeks after Roblox released the emote to coincide with its Brat album update on 17 August.
According to the complaint, Heyer had agreed to license the dance as of 12 August, but Roblox released it prematurely and has since 'refused to finalise a license agreement' or offer compensation.
'Roblox moved forward using Kelley's IP without a signed agreement,' said attorney Miki Anzai in a statement to Polygon.
'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.'
Heyer alleges that Roblox sold more than 60,000 copies of the 'Apple Dance' emote, earning approximately 123,000 dollars in revenue before it was removed from sale in November 2024.
Her legal team argues that the emote consisted solely of her choreography, making her the sole artist behind the content.
By contrast, the same dance was correctly licensed by Fortnite in December, and Netflix has also secured licensing rights for its usage.
Now, Heyer is seeking a share of Roblox's profits from the emote, alongside other damages.
This lawsuit joins a broader conversation around intellectual property and dance in gaming.
In 2019, multiple cases against Fortnite publisher Epic Games were dismissed, including one filed by Fresh Prince of Bel-Air actor Alfonso Ribeiro.
However, a more recent case by choreographer Kyle Hanagami was revived by the Ninth Circuit Court, which stated that reducing choreography to mere 'poses' was akin to reducing music to 'notes.'
The case was eventually dismissed after both parties agreed to settle in 2024.
Roblox, in response, issued the following statement:
'As a platform powered by a community of creators, Roblox takes the protection of intellectual property very seriously and is committed to protecting intellectual property rights of independent developers and creators to brands and artists both on and off the platform. Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court.'
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