TikTok sensation Kelley Heyer has taken legal action against the popular video game Roblox for using her dance to Charli XCX’s “Apple” without her permission. Heyer’s dance went viral in June 2024, gaining immense popularity due to the hype surrounding Charli XCX’s album “Brat.” The dance became so iconic that Charli XCX herself incorporated it into her live performances and even invited Heyer to perform the dance at her show in New York City.
Both Fortnite and Roblox, being widely played games among children, included Heyer’s dance in their platforms, allowing players to purchase emotes of the dance for their avatars. However, while Fortnite obtained Heyer’s permission to use her choreography, she alleges that Roblox did not seek authorization to do so.
Heyer’s attorney, Miki Anzai, stated, “Roblox moved forward using Kelley’s IP without a signed agreement. Kelley is an independent creator who deserves fair compensation for her work, and we had no choice but to take legal action to prove that. We are open to resolving this matter amicably and hope to reach a peaceful agreement.”
According to reports from Polygon, Heyer estimates that Roblox generated over $123,000 from the sale of more than 60,000 emotes featuring the “Apple” dance.
In response to the lawsuit, Roblox released a statement emphasizing their commitment to protecting intellectual property rights. The platform, known for being powered by a community of creators, stated that they take the protection of intellectual property seriously and are dedicated to safeguarding the rights of independent developers, creators, brands, and artists both within and outside the platform.
The legal battle between Kelley Heyer and Roblox highlights the importance of respecting and compensating creators for their work in the digital age. As the case unfolds, it serves as a reminder of the complexities surrounding intellectual property rights in the ever-evolving landscape of online content creation and gaming.
