Kelley Heyer, the TikToker behind the viral Apple dance, is taking legal action against Roblox, claiming the gaming platform used her choreography without permission. The dance, inspired by Charli XCX's hit song of the same name, became a sensation on social media, with high-profile figures like Kylie Jenner and actress Daisy Edgar-Jones sharing videos featuring the moves. Now, Heyer’s legal team alleges that Roblox made approximately $123,000 (£93,000) from selling the dance as an 'emote'—a celebratory animation used by players—without her consent.
Roblox, which boasts around 80 million daily players and has more monthly users than both the Nintendo Switch and Sony PlayStation combined, is no stranger to controversy. The platform previously faced scrutiny for failing to protect its young audience from inappropriate content. In light of this latest lawsuit, the company maintains that it takes intellectual property rights seriously and is confident in its legal standing.
According to reports, Roblox had previously reached out to Heyer to negotiate a licensing agreement for the Apple dance, but her attorney, Miki Anzai, claims that the company went ahead and used the choreography without a signed contract. "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," Anzai stated. She emphasized that they are still open to settling the matter amicably.
Heyer first posted the Apple dance on June 15, 2024, and by August 30, she had filed for copyright protection for her moves. During this time, Roblox expressed interest in licensing the dance and incorporated it into the game on August 17, 2024, as part of a Brat-themed update for the popular game experience, Dress to Impress. However, Heyer asserts that she had agreed to license the dance on August 12, 2024, but Roblox proceeded to use it before her copyright was finalized, leaving her without compensation.
The lawsuit alleges that Roblox sold over 60,000 units of the Apple Dance emote, generating significant revenue. Interestingly, both Fortnite and Netflix have officially licensed the dance from Heyer, who is recognized as the sole owner of the choreography. In contrast, the dance was removed from Roblox in November 2024, but Heyer is still seeking compensation for the time it was available on the platform.
As the case unfolds, it raises questions about intellectual property rights in the digital age, especially for independent creators like Heyer. The outcome could set a precedent for how platforms like Roblox handle creator rights in the future. Given the complexities involved, it will be fascinating to see how the legal proceedings play out, especially since previous attempts by other creators to sue gaming platforms have had mixed results.
This legal battle highlights a growing concern among content creators regarding the protection of their intellectual property in an era where social media trends can rapidly escalate. As Heyer’s case garners attention, it emphasizes the need for clearer agreements and protections for creators who contribute to the digital landscape.
Roblox has responded to the lawsuit by stating, "As a platform powered by a community of creators, Roblox takes the protection of intellectual property very seriously and is committed to protecting the rights of independent developers and creators to brands and artists both on and off the platform." The company remains steadfast in its belief that it has acted appropriately in this matter and looks forward to addressing the claims in court.
In a world where user-generated content thrives, the relationship between platforms and creators is becoming increasingly complex. As more creators like Kelley Heyer emerge, the need for fair compensation and recognition for their work is paramount. The outcome of this lawsuit could not only impact Heyer but also influence how platforms engage with their creators moving forward.
As the legal proceedings continue, Heyer has expressed her frustration over the situation, noting that large brands and prominent creators have capitalized on her choreography without giving her the credit she deserves. "That sort of bums me out a little bit," she previously told reporters. "That could have been a really good opportunity, really good exposure for me."
With the case now in the hands of the legal system, both Kelley Heyer and Roblox are preparing for what could be a landmark decision regarding the rights of creators in the ever-evolving landscape of digital entertainment. As the discussions unfold, they will undoubtedly shape the future of how platforms engage with and compensate the creators who drive their success.
