TikTok Creator Kelley Heyer Sues Roblox Over Viral 'Apple' Dance Choreography

TikTok creator Kelley Heyer, known for choreographing the viral "Apple" dance set to Charli XCX's hit song, has filed a lawsuit against Roblox, alleging the company used her work without permission.

Heyer’s dance went viral across TikTok and social media, featured in videos by celebrities including Stephen Colbert, Brooke Shields, Joe Jonas, and Charli XCX herself. The trend was widely circulated, with even Dionne Warwick commenting after a fan was interrupted mid-dance during a Charli XCX concert.

The legal complaint, filed this week, claims that Roblox earned $123,000 by selling Heyer’s choreography as an in-game "emote"—a type of animation users can purchase for their avatars.

According to the lawsuit, Heyer had been in discussions with Roblox to formally license the choreography, but no agreement was finalized. Despite the lack of a signed deal, Heyer’s legal team alleges that the company went ahead and included the dance as part of its offerings.

In a statement to the BBC, Roblox said it takes intellectual property "very seriously" and believes it has not committed any wrongdoing.

Roblox previously partnered with Charli XCX in 2023 to feature her music and likeness in a virtual concert within the popular in-game experience Dress to Impress.

"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," said Heyer’s attorney, Miki Anzai. "We remain willing and open to settle and hope to come to a peaceful agreement."