Kelley Heyer, a TikTok influencer and creator of a viral dance to Charli XCX's music "Apple", is suing Roblox, alleging it used the "Apple Dance" in the game and profited off her work with out her permission.
If you're not precisely up on the hip traits of the youth, the "Apple Dance" is strictly what it says on the tin: a catchy dance conceived by Heyer and shared through TikTok to Charli XCX's music "Apple". The dance has change into extremely widespread, to the purpose of being shouted out in Charli XCX's tour and shared on Charli XCX's TikTok.
So it's unsurprising that Roblox needed the Apple Dance as half of a collaboration between Charli XCX and one of the most popular games within Roblox: artistic trend contest game Dress to Impress. Spotted 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 have been proper – she even licensed it to Fortnite and Netflix through 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 have been ever accomplished and with out Heyer giving her consent for its use. Heyer says that Roblox offered over 60,000 Apple Dance emotes, ensuing in an estimated $123,000 in gross sales. The go well with additionally argues that whereas the emote was a half of a Charli XCX occasion, the dance emote itself is unattached to the music or Charli XCX, and thus is solely Heyer's mental property.
The go well with accuses Roblox of copyright infringement and unjust enrichment, and requests aid in the shape of the income Roblox acquired from the dance plus damages as a end result of Roblox harming Heyer's model and Heyer herself, plus legal professional's charges.
Update 2:15 p.m. PT: Heyer's attoney, Miki Anzai, shared the next assertion: "Roblox moved forward using Kelley's IP without a signed agreement. 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."
Rebekah Valentine is a senior reporter for IGN. You can discover her posting on BlueSky @duckvalentine.bsky.social. Got a story tip? Send it to [email protected].