Viral Apple dance creator sues Roblox over its use in the game

Kelley Heyer, a talented TikTok creator, is known for her viral Apple dance, which has inspired countless videos across social media platforms. The dance, which is set to the catchy tune of Charli XCX's song Apple, has been performed by many celebrities, including Kylie Jenner and actress Daisy Edgar-Jones. However, Kelley is now taking legal action against the popular online game Roblox, claiming that they used her dance moves without her permission. Roblox is a massive platform with around 80 million daily players, surpassing the number of users on gaming consoles like the Nintendo Switch and PlayStation combined. According to Kelley's legal team, Roblox profited approximately $123,000 from selling her dance as an 'emote,' which is a celebratory animation that players can use in the game. In response to the allegations, Roblox stated that they take intellectual property rights very seriously and are confident that they have not acted improperly. Last year, Roblox entered into an agreement with Charli XCX to feature her music and likeness in an in-game concert for one of their most popular experiences, Dress to Impress. Kelley was reportedly in discussions with Roblox to license her Apple dance, but her lawyer claims that the game used her choreography without a signed agreement. Miki Anzai, Kelley's lawyer, emphasized that Kelley is an independent creator who deserves fair compensation for her work. Anzai stated, 'We saw no other option than to file suit to prove that,' while also expressing a willingness to settle the matter amicably. Kelley first gained attention for her dance when she showcased her moves for Charli XCX's song, which she described as 'unappreciated. ' She expressed her disappointment at seeing large brands and well-known creators benefiting from her trend without giving her proper credit. 'That could have been a really good opportunity, really good exposure for me,' she lamented. The Apple song has become one of the standout hits from Charli XCX's award-winning album, Brat. In a statement, a Roblox spokesperson reiterated their commitment to protecting the intellectual property rights of independent developers and creators, both on and off the platform. They expressed confidence in their position and look forward to addressing the matter in court. As the situation unfolds, Kelley Heyer remains hopeful for a resolution that acknowledges her contributions to the viral dance phenomenon.