Charli XCX's Viral Dance Creator Sues Roblox

TikTok creator Kelley Heyer, who choreographed the viral "Apple Dance" to Charli XCX's hit song, has filed a lawsuit against Roblox alleging unauthorized use and monetization of her signature dance move.

For those unfamiliar with the viral phenomenon, Heyer's "Apple Dance" became a social media sensation after she performed it to Charli XCX's track "Apple" on TikTok. The dance gained mainstream recognition, even being featured during Charli XCX's live performances.

The lawsuit stems from Roblox's inclusion of the dance in a special Charli XCX collaboration event within its popular Dress to Impress fashion game. According to legal documents obtained by Polygon and filed in California last week, Heyer claims Roblox initially contacted her about licensing the dance but distributed it commercially before reaching any agreement.

Heyer states she had successfully licensed her creation to other major platforms like Fortnite and Netflix through formal contracts, but negotiations with Roblox stalled before finalizing terms. Despite this, Roblox allegedly released the Apple Dance emote for purchase during the event without Heyer's authorization.

The legal filing indicates Roblox sold approximately 60,000 copies of the emote, generating an estimated $123,000 in revenue. Heyer's legal team argues that while the emote appeared in a Charli XCX-themed event, the dance itself constitutes independent intellectual property unrelated to the song or artist.

The lawsuit seeks compensation for alleged copyright infringement, claiming Roblox unjustly profited from Heyer's creation while damaging her brand reputation. The claims include requesting all profits from the emote's sales, additional damages, and coverage of legal fees.

Update 2:15 p.m. PT: Heyer's attorney Miki Anzai provided this statement: "Roblox proceeded with using Kelley's intellectual property without executed agreements. As an independent creator, Kelley deserves fair compensation for her work. After exhausting other options, we were compelled to file this lawsuit. We remain open to resolving this matter amicably through settlement."