A TikTok content creator, Kelley Heyer, has filed a lawsuit against the popular online gaming platform Roblox, alleging that it used her viral dance to Charli XCX's hit song "Apple" without obtaining the necessary permissions. The lawsuit, which was filed on April 18, 2025, in a federal court in Los Angeles, claims that Heyer’s choreography was incorporated into the game as an emote without a signed licensing agreement.
Heyer first posted the "Apple" dance on June 15, 2024, during the peak of Charli XCX's summer album "Brat," which gained significant traction on TikTok. The dance quickly became a viral sensation, garnering attention not only from fans but also from celebrities and influencers. Charli XCX herself embraced the dance, even inviting Heyer to perform it live at her concert in New York City.
Both Roblox and Fortnite, two of the most popular video games among children, sought to capitalize on the dance's popularity. However, while Fortnite successfully negotiated a licensing agreement with Heyer, she alleges that Roblox proceeded to use her dance moves without securing the proper rights. "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," stated Miki Anzai, Heyer’s attorney.
According to Polygon, Heyer estimates that Roblox earned over $123,000 from the sale of more than 60,000 emotes featuring her dance. The lawsuit highlights that despite the revenue generated, Heyer has not received any compensation for her work. "Roblox proudly advertises that its platform allows creators to ‘create, scale and monetize,’ yet it has prevented Ms. Heyer from the crucial monetization of her work on the Roblox platform," her lawyers argue.
Roblox has publicly responded to the lawsuit, emphasizing its commitment to protecting the intellectual property rights of creators. A spokesperson for the company stated, "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." They expressed confidence in their position regarding the matter and look forward to addressing the claims in court.
The legal battle comes at a time when copyright issues surrounding viral dance moves have been increasingly scrutinized. Numerous high-profile lawsuits have emerged in recent years, such as those involving Alfonso Ribeiro, known for the "Carlton dance," and the creator of the "Floss" dance, who have also sought legal recourse against companies for unauthorized use of their choreography.
In 2023, a federal appeals court made a landmark ruling that revived a lawsuit against Epic Games, stating that choreography should not be treated differently from longer dance routines in copyright law. This ruling could set a precedent for Heyer’s case, as she asserts that her dance is clearly protected by copyright law.
Heyer has previously secured licensing agreements with both Epic Games and Netflix for her choreography, demonstrating the commercial viability of her work. In her lawsuit, she claims that Roblox has substantially benefited from the unauthorized use of her dance and is seeking profits from the sales made during the period the dance was available, along with damages.
Despite the serious nature of the lawsuit, some reactions on social media have been less than supportive, with users on TikTok mocking Heyer’s legal actions. Comments have ranged from sarcastic remarks about her suing a children’s game to questions about her motivations. This highlights the mixed public perception surrounding the monetization of viral trends.
As the case unfolds, it raises broader questions about the rights of content creators in the digital age and the responsibilities of platforms that monetize user-generated content. The outcome could have significant implications for how dance moves and other creative expressions are treated under copyright law in the future.
In summary, Kelley Heyer’s lawsuit against Roblox underscores the tensions between independent creators and large gaming platforms regarding the use of intellectual property. As the legal proceedings progress, the case will not only impact Heyer but could also set important precedents for other creators seeking to protect their work.
