A TikTok user who says she created the viral “Apple dance” to a Charli XCX song is suing Roblox over allegations that the company violated copyright law by selling her dance moves as an “emote.”
In a lawsuit filed last week in Los Angeles federal court, Kelley Heyer says the online game platform used the dance – a viral sensation set to Charli’s “Apple” that was emulated by scores of celebrities and influencers – in a version of its “Dress To Impress” game that featured the singer Brat singer.
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04/17/2025Though Roblox allegedly reached out to negotiate a license, Heyer says the talks never led to a deal – and that the company simply used her dance moves without permission.
“Roblox proudly advertises that its platform allows creators to ‘create, scale and monetize,’” her lawyers write. “Yet, it has prevented Ms. Heyer from the crucial monetization of her work on the Roblox platform.”
Charli XCX is not named in the lawsuit nor accused of any wrongdoing.
Numerous copyright lawsuits have been filed in recent years over viral dance moves featured in online video games. Alfonso Ribeiro, who played Carlton on The Fresh Prince of Bel-Air, sued Fortnite owner Epic Games over the use of his heavily-memed “Carlton dance” as an emote, as did the mother of Russell Horning, the so-called Backpack Kid who helped popularize the viral “Floss” dance.
For years, those cases faced skeptical judges who questioned whether simple dance moves were covered by copyright law. In 2020, a federal judge sided with Epic and tossed out a case filed by two former college basketball players over their “running man” dance. But in 2023 a federal appeals court issued a first-of-its-kind ruling reviving such a lawsuit against Epic Games, in which a panel of judges said they “see no reason to treat choreography differently” from longer dance routines.
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04/17/2025In her lawsuit, Heyer says her dance was clearly protected by copyright law – and that Epic and Netflix have both struck licensing deals with her to use it. She says Roblox earned $123,000 in sales from selling the dance to users, but has refused to pay her any of it.
“Roblox has substantially benefitted and profited from its unlawful infringement of Ms. Heyer’s copyright and other uninvited misappropriations of Ms. Heyer’s intellectual property and proprietary rights in the Apple Dance,” her lawyers write.
In a statement responding to the lawsuit, Roblox denied any wrongdoing: “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,” the company said. “Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court.”
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