Kelley Heyer, a TikTok content creator and dancer, initiated legal action against Roblox regarding the unauthorized use of her copyrighted dance choreography for “Apple” by Charli XCX. The lawsuit was filed in California on April 11 and asserts that despite negotiations to license the dance for use on Roblox, the platform prematurely released the emote without finalizing an agreement.
Background of the Dispute
The contentious “Apple” dance emote made its debut in mid-August, aligning with Roblox’s Dress to Impress update, which included content from Charli XCX’s summer album. Heyer initially shared her dance on June 15, 2024, and submitted a copyright application later that summer. Following discussions with Roblox about licensing the dance, which took place after Charli XCX’s label engaged Roblox, Heyer expressed her willingness to proceed with licensing on August 12. However, the emote was released before negotiations concluded, prompting her lawsuit.
Claims and Allegations
Heyer contends that Roblox sold over 60,000 units of the emote and generated approximately $123,000 in revenue. Her legal team highlighted that the emote is strictly based on her choreography, independent of the musical track by Charli XCX. They argue that Heyer, as the creator, should be recognized as the sole artist for this particular emote.
Legal Representation and Position
According to attorney Miki Anzai, “Roblox moved forward using Kelley’s IP without a signed agreement,” emphasizing that independent creators deserve fair compensation for their work. Anzai stated that litigation became necessary to address the matter, although they remain open to a settlement.
Comparison with Other Legal Cases
Heyer’s dance has been successfully licensed in other contexts, including Fortnite, which added the emote in December and has previously navigated multiple lawsuits concerning the use of popular dance moves. Notably, five lawsuits against Epic Games regarding dance emotes were dismissed in 2019, including one from Alfonso Ribeiro, known for his role in The Fresh Prince of Bel-Air. Recently, the 9th Circuit Court revived a lawsuit from choreographer Kyle Hanagami, arguing that reducing choreography to mere poses undermines its artistic expression.
Current Status of the Emote
The “Apple” dance emote is no longer available for purchase on Roblox, having been removed in November 2024. A Roblox spokesperson stated that the platform takes intellectual property rights seriously and looks forward to addressing the legal issues in court, expressing confidence in their practices regarding creator rights.