TikTok Creator Sues Roblox Over Unauthorized Use of "Apple Dance"

Kelley Heyer, the creator of the popular "Apple Dance" on TikTok, has filed a lawsuit against Roblox for allegedly using and selling her dance without proper permission, seeking compensation for copyright infringement.

The legal battle began when Heyer filed suit in California on April 11, claiming that Roblox added her viral dance as an emote in the game before finalizing licensing negotiations.

According to the lawsuit, Roblox contacted Heyer about licensing the dance for a Charli XCX collaboration event in the game "Dress to Impress," but then proceeded to release and sell the emote before reaching a formal agreement.

"Roblox moved forward using Kelley's IP without a signed agreement," Heyer's attorney Miki Anzai told Polygon. "Kelley is an independent creator who should be compensated fairly for her work."

The Apple Dance gained massive popularity after Heyer posted it on TikTok in June 2024. The choreography, set to Charli XCX's song "Apple," became so widely recognized that even Charli XCX incorporated it into her live performances. However, as noted in the lawsuit, the dance itself is separate from the song, making Heyer the sole creator of the choreography.

The lawsuit states that Roblox sold approximately 60,000 units of the Apple Dance emote before removing it from sale in November 2024, generating an estimated $123,000 in revenue. Heyer is seeking these profits along with additional damages for harm to her brand.

This isn't the first time a popular dance has been at the center of a gaming lawsuit. A similar situation occurred years ago when Alfonso Ribeiro (Carlton from "The Fresh Prince of Bel-Air") unsuccessfully sued Epic Games for using his signature dance in Fortnite. Since then, many game companies have become more careful about properly licensing choreography.

Unlike the Roblox situation, Heyer notes that her Apple Dance was correctly licensed for use in Fortnite, where it was added as an emote in December. Netflix has also properly licensed the dance, according to the filing.

In response to the lawsuit, a Roblox spokesperson stated that they are "very seriously and are committed to protecting intellectual property rights of independent developers and creators" and they're "confident in their position and the propriety" in the latest matter.

Heyer and her legal team have expressed willingness to settle the matter outside of court, with Anzai stating, "We remain willing and open to settle and hope to come to a peaceful agreement."