Roblox Faces Lawsuit Over 'Apple Dance' Creator's Claim

TikTok influencer Kelley Heyer, who created the viral "Apple Dance" to Charli XCX's track "Apple," is now taking legal action against Roblox. She claims the platform used her choreography in-game and profited from it without her authorization.

For those not familiar with the latest youth trends, the "Apple Dance" is precisely what its name suggests: an infectious routine devised by Heyer and popularized on TikTok set to Charli XCX's "Apple." The dance gained massive traction, even earning a shout-out during Charli XCX's tour and features on the artist's own TikTok channel.

Given its popularity, it's no surprise Roblox sought to include the Apple Dance in a collaboration between Charli XCX and the popular Roblox fashion contest game, Dress to Impress. As reported by Polygon, Heyer filed a lawsuit last week in California, stating that Roblox initially contacted her to license the dance for the crossover event. Heyer was open to licensing under fair terms—having already signed agreements with Fortnite and Netflix—but a final deal with Roblox was never reached.

Heyer alleges that Roblox released the Apple Dance emote for sale during the event before negotiations concluded and without her consent. According to the suit, Roblox sold over 60,000 units of the emote, generating an estimated $123,000 in revenue. The filing further contends that while the emote was part of a Charli XCX promotion, the choreography itself is separate from the song or the artist, making it Heyer's sole intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking recovery of profits from the emote sales, damages for harm to Heyer's brand and personal reputation, plus attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, provided this statement: "Roblox proceeded to use Kelley's intellectual property without a signed agreement. As an independent creator, Kelley deserves fair compensation for her work, and we felt litigation was necessary to enforce that right. We remain willing to settle and hope to reach an amicable resolution."