In Brief
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TikTok content creator Kelley Heyer sued the video game Roblox for using her dance to Charli XCX’s “Apple” without permission.
Heyer posted the viral dance in June 2024, which fed off of the hype of Charli XCX’s hit summer album “Brat.” The dance became so popular that Charli XCX incorporated it into her live show and even invited Heyer to perform the dance at her show in New York City.
@kelley.heyer 1 month ago I made a dance on a whim and now look at everyone dancing along and having so much fun!! Thank you @Charli XCX for this amazing song and iconic album and for 💚BRAT SUMMER💚 ⭐️ ps who in nyc wants to PARTY because I want to DANCE ⭐️ Outfit details: Top-A lovely gift from @Alvaro Earrings-@Airik ✮ Glasses-@AKILA Eyewear Shoes-Feners Pants-From ebay, tag says I.N. San Francisco #apple #brat #charlixcx
♬ Apple – Charli xcx
Fortnite and Roblox, two blockbuster games popular among children, each incorporated the dance into their games, allowing players to purchase “emotes” of the dance for their avatars to perform. But while Fortnite got Heyer’s permission to license her choreography, she alleges that Roblox did not sign an agreement to do so.
“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,” said Miki Anzai, Heyer’s attorney. “We remain willing and open to settle and hope to come to a peaceful agreement.”
According to Polygon, Heyer estimates that Roblox earned over $123,000 from selling more than 60,000 emotes of the “Apple” dance.
“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 said in a statement.
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