Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without obtaining the necessary permissions, thereby profiting from her intellectual property without her consent.

For those unfamiliar with the trend, the "Apple Dance" is a popular dance routine choreographed by Heyer and popularized on TikTok. Its widespread appeal led to its feature in Charli XCX's tour and her official TikTok account.

According to reports from Polygon, Roblox approached Heyer to license the "Apple Dance" for a collaborative event with Charli XCX within their popular game, Dress to Impress. Heyer was amenable to licensing the dance, having previously secured agreements with Fortnite and Netflix. However, negotiations with Roblox did not culminate in a finalized agreement.

Heyer's lawsuit claims that Roblox proceeded to sell over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales, before any agreement was reached and without her consent. The suit emphasizes that the emote, despite being part of a Charli XCX event, is not intrinsically linked to the song or the artist, making it solely Heyer's intellectual property.

The legal action filed in California accuses Roblox of copyright infringement and unjust enrichment. Heyer seeks compensation for the profits Roblox earned from the unauthorized use of her dance, as well as damages for the harm inflicted on her brand and herself, plus attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, released a statement saying, "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. We remain willing and open to settle and hope to come to a peaceful agreement."