TikToker Sues Roblox Over Unauthorized ‘Apple’ Dance Emote
Content creator Kelley Heyer has filed a lawsuit against Roblox, alleging that the gaming platform profited from her choreography for Charli XCX’s hit song “Apple” without obtaining the necessary authorization. The legal action centers on the unauthorized sale of digital “emotes” that replicate Heyer’s viral dance moves.
A Viral Phenomenon
Heyer originally shared the dance on TikTok in June 2024, riding the massive wave of popularity surrounding Charli XCX’s “Brat” album. The choreography resonated deeply with fans, gaining so much traction that Charli XCX herself integrated the routine into her live performances, eventually inviting Heyer to dance on stage during a concert in New York City.
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
Licensing Discrepancies
The lawsuit highlights a stark contrast in how major gaming platforms handled the trend. While Fortnite secured a licensing agreement with Heyer to feature the choreography, the suit claims that Roblox implemented the dance as a purchasable emote without ever formalizing a deal.
Miki Anzai, the attorney representing Heyer, emphasized that the goal is to ensure fair compensation for an independent creator. “Roblox moved forward using Kelley’s IP without a signed agreement,” Anzai stated. “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.”
Financial Impact and Platform Response
The legal documents suggest the financial scale of the alleged infringement is significant. According to reports from Polygon, Heyer estimates that Roblox generated more than $123,000 through the sale of over 60,000 “Apple” dance emotes.
In response to the filing, Roblox issued a statement defending its internal policies. “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,” the company stated.