Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has taken legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her consent and profited from it, leading to a lawsuit filed in California.
The "Apple Dance," a simple yet catchy routine, gained immense popularity after Heyer shared it on TikTok. Its fame extended to Charli XCX's tour and her own TikTok account, showcasing its widespread appeal. Given its popularity, it's understandable that Roblox sought to feature the "Apple Dance" in their game, specifically within the "Dress to Impress" fashion contest, in collaboration with Charli XCX.
According to the lawsuit, Roblox initially approached Heyer to license the dance for this event. Heyer, who had previously licensed the dance to Fortnite and Netflix, was open to negotiations with Roblox but claims no final agreement was reached. Despite this, Roblox allegedly released the "Apple Dance" emote for sale within the game, selling over 60,000 units and generating an estimated $123,000 in revenue.
Heyer's lawsuit argues that the emote, although part of a Charli XCX event, is not directly tied to the song or artist but is instead her own intellectual property. The suit accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to Heyer's brand and herself, and attorney's fees.
In a statement, Heyer's attorney, Miki Anzai, emphasized the need for fair compensation for independent creators like Heyer, expressing a willingness to settle the dispute amicably.
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