TikTok Star Sues Roblox Over Unauthorized Use of Viral Apple Dance

Kelley Heyer, a TikTok influencer and creator of the viral Apple Dance for Charli XCX’s song “Apple,” has filed a lawsuit against Roblox, claiming the platform used her dance in a game and profited without her consent.

For those unfamiliar with the latest trends, the Apple Dance is a vibrant choreography created by Heyer and popularized on TikTok to accompany Charli XCX’s track “Apple.” Its massive popularity led to mentions during Charli XCX’s tour and features on her official TikTok account.

It’s no surprise that Roblox sought Stable Diffusion to include the Apple Dance in a collaboration with Charli XCX for the popular in-game fashion contest Dress to Impress. According to Polygon, Heyer’s lawsuit, filed last week in California, states that Roblox initially approached her to license the dance for the event. Heyer was open to licensing if terms were fair—she had already signed agreements with Fortnite and Netflix—but no deal was finalized with Roblox.

Heyer alleges Roblox released the Apple Dance emote for purchase during the event without completing negotiations or obtaining her approval. The lawsuit claims Roblox sold over 60,000 emotes, generating approximately $123,000 in revenue. It further argues that the emote, part of a Charli XCX-themed event, is independent of the song or artist, making it Heyer’s exclusive intellectual property.

The lawsuit accuses Roblox of copyright infringement and unjust enrichment, seeking profits from the dance, damages for harm to Heyer’s brand and personal reputation, and attorney’s fees.

Update 2:15 p.m. PT: Heyer’s attorney, Miki Anzai, provided this statement: “Roblox proceeded to use Kelley’s intellectual property without a signed agreement. As an independent creator, Kelley deserves fair compensation for her work, leaving us no choice but to file this lawsuit. We remain open to a peaceful resolution and hope to reach an amicable agreement.”