Kelley Heyer, a TikTok influencer and creator of the viral "Apple Dance," is taking legal action against Roblox, alleging that the gaming platform used her dance without permission in its popular game, Dress to Impress. Filed in California on April 11, 2025, the lawsuit claims that Roblox profited from her work without a signed agreement, raising significant questions about intellectual property rights in the digital age.
The "Apple Dance," which Heyer first posted on June 15, 2024, gained immense popularity on TikTok, even being featured in Charli XCX's live performances and social media. The dance's catchy choreography quickly became a trend, leading to its inclusion in a collaboration between Charli XCX and Roblox. However, according to Heyer, the collaboration was marred by a lack of formal licensing agreements.
Heyer asserts that while Roblox initially contacted her to negotiate the licensing of the dance, the platform proceeded to release the Apple Dance emote before reaching a finalized deal. The emote was added as part of a Dress to Impress update on August 17, 2024, which coincided with the release of Charli XCX's summer album, Brat.
In her lawsuit, Heyer claims that Roblox sold over 60,000 units of the Apple Dance emote, generating an estimated $123,000 in sales. She argues that the emote, representing her choreography, is her intellectual property and should not have been sold without her consent. Heyer's attorney, Miki Anzai, emphasized that Roblox moved forward with using her intellectual property without a signed agreement, stating, "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."
Heyer's dance has been successfully licensed in other platforms, including Fortnite and Netflix, indicating her established rights as a creator. The lawsuit seeks to recover the profits Roblox earned from the Apple Dance emote, along with damages for harming Heyer's brand and her personal losses.
Roblox has issued a statement in response to the lawsuit, reaffirming its commitment to protecting the intellectual property rights of creators. A spokesperson for the company said, "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. Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court."
The legal battle highlights ongoing tensions in the digital landscape, where content creators often find themselves navigating complex issues of copyright and fair use. As platforms like Roblox and Fortnite continue to integrate user-generated content, the need for clear agreements and recognition of creators' rights becomes increasingly critical.
In recent years, the gaming industry has seen a surge in lawsuits related to the use of viral dances and choreography. Epic Games, the creator of Fortnite, has faced multiple lawsuits over similar issues, with some cases being dismissed while others have sparked significant legal debates about the nature of choreography as a form of intellectual property. In one notable instance, the 9th Circuit Court revived a lawsuit concerning the reduction of choreography to mere "poses," likening it to reducing music to just "notes."
Heyer’s case against Roblox could set a precedent for how digital platforms handle the intellectual property of independent creators. As she navigates this legal challenge, the outcome may influence future collaborations between artists and gaming companies, potentially reshaping the landscape for content creators in the digital age.
As the case unfolds, many in the creative community are watching closely. The implications of this lawsuit extend beyond Heyer and Roblox, touching on broader issues of copyright, creator rights, and the ethics of content use in an era where social media and gaming intersect.
With the rise of platforms that encourage user-generated content, the balance between innovation and fair compensation remains a contentious issue. Creators like Kelley Heyer are at the forefront of this battle, advocating for their rights and seeking to ensure that their work is respected and valued in the digital economy.
The Apple Dance may be just a catchy trend, but the legal ramifications surrounding its use could have lasting effects on how creators are treated in the ever-evolving world of digital entertainment.
