Who is Kelley Heyer? Creator of viral Charli XCX Apple Dance sues Roblox for using it without permission

TikTok creator Kelley Heyer has initiated legal action against Roblox Corporation, alleging unauthorized use of her popular dance creation, widely known as the "Apple Dance." The lawsuit, filed recently in California, highlights growing concerns among independent creators over intellectual property protection in digital spaces.

Heyer, known for her viral TikTok dance choreographed to Charli XCX’s song Apple, claims that the dance was used without final agreement or permission in a Roblox collaboration with Charli XCX. The event featured within Dress to Impress, a popular user-created fashion contest game on the platform. According to the filing, while Roblox initially reached out with interest in licensing the dance for the event, no binding agreement was ever signed.

The lawsuit claims that despite there being no final contract and no deal finalized, Roblox got away and released the ‘Apple Dance’ emote, which became available for in-game purchase. Heyer says that the emote earned over 60,000 sales and the estimated revenue went up to $123,000.

Who is Kelley Heyer?

Kelley Heyer is a New York-based actor and content creator who gained widespread recognition for choreographing the viral "Apple Dance" on TikTok.

The dance, set to Charli XCX’s song Apple from her 2024 album Brat, features simple yet expressive movements, including body rolls, hands on hips, and miming holding an apple above one's head.

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Roblox faces lawsuit from TikTok creator Kelley Heyer over the alleged unauthorized use of "Apple Dance"

The legal claim argues that the animated dance that went with the promotion for Charli XCX was set apart. The lawsuit claims that although the emote was part of a bigger promotional event with Charli XCX, Kelley Heyer created the dance moves. The artist and her team didn't come up with or own the choreography.

Heyer's lawyers say this breaks copyright laws and lets Roblox make money. They stress that Roblox cashed in on someone else's creative work without paying the person who made it. The suit seeks financial relief, including profits made from the emote, damages related to the alleged misuse, and legal fees.

A Roblox 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. Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court.”

Miki Anzai, Heyer’s attorney, emphasized the creator’s openness to licensing her work when terms are fair and mutually agreed upon. Kelley Heyer is an independent creator whose hard work deserves fair compensation. Anzai says they are still keen to settle things amicably, but really have no choice and so have filed a lawsuit as well. Miki Anzai stated,

"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."

As the legal proceedings unfold, fans are curious to know the impact of the lawsuit and how intellectual property rights are handled in the realm of virtual platforms and user-driven experiences.

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