If you thought you’d heard the last of the viral “Apple” dance, think again. The TikToker behind it is now suing Roblox over its unauthorized use.
Last year, during the height of Brat summer, Roblox partnered with singer Charli XCX to feature her music and likeness in an in-game concert within “Dress to Impress,” a fashion game on the platform. In a lawsuit filed last week in Los Angeles, Kelley Heyer—the creator of the dance set to Charli XCX’s hit song—alleges that Roblox used her choreography in the update before finalizing negotiations to officially license the dance, as first reported by Polygon.
Heyer first posted the “Apple” dance on June 15, 2024, and submitted a copyright application on August 30. That was after Roblox reached out to her about licensing the dance as an emote for players to purchase. Roblox added the dance emote, an in-game action used to express a character’s personality, in mid-August to coincide with the update. According to the lawsuit, Heyer expressed her willingness to license the dance on August 12, but alleges that Roblox has “refused to finalize a license agreement” and that she has received no compensation for the use of her choreography.
Roblox removed the emote from the game in November 2024—but not before it was sold over 60,000 times, earning an estimated $123,000 from the copyrighted work, per the lawsuit. Heyer hasn’t seen any of that revenue, and since the dance is entirely separate from the Charli XCX song, she’s suing to claim her share (Charli XCX is not named in the lawsuit).
“Roblox moved forward using Kelley’s IP without a signed agreement,” attorney Miki Anzai said 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.”
Roblox has since responded. A spokesperson told Polygon: “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.”
They continued: “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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