The creator behind the viral dance set to Charli XCX‘s Brat single, “Apple,” is suing Roblox for copyright law violation. Kelley Heyer was reportedly negotiating a license with the online gaming platform, but the two parties did not reach a deal before the dance was used.
In the game, users were able to purchase the dance as an “emote” for their virtual character. Heyer’s lawyers allege that the platform earned $123,000 from the featured addition. “Roblox proudly advertises that its platform allows creators to ‘create, scale and monetize,’” they said, per Billboard. “Yet, it has prevented Ms. Heyer from the crucial monetization of her work on the Roblox platform.” The dance has since been removed from the game. Heyer is seeking profit from Roblox’s earnings while the dance was live through November 2024, in addition to damages.
“As a platform powered by a community of creators, 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,” Roblox shared in a statement, per Polygon.
Heyer’s lawyers added: “Roblox has substantially benefited 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.” The content creator has reportedly negotiated licensing deals with Netflix and Fortnite pertaining to the viral dance.
Over on TikTok, Heyer’s comments are filled with users taunting her about the lawsuit. Under one video completely unrelated to the legal filing, one wrote, “If I dance apple right now are you gonna sue…,” while another added: “Imagine suing a children’s game.” This isn’t the first time that a viral dance has made its way from TikTok to much bigger platforms where proper accreditation is crucial.
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And Heyer’s dance wasn’t only popular on TikTok. It’s performed nightly by audience members and special guests on the big screen at Charli XCX’s live shows. When she performed at Coachella this past weekend, the cameras locked on Alex Consani, Gabbriette, and Quenlin Blackwell as they led the dance.
“Roblox moved forward using Kelley’s IP without a signed agreement,” Heyere’s attorney said. “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.”
