Charli XCX Dance Choreographer Sues Roblox Over Unauthorized Emote Use
The viral "Apple" dance, created by TikTok sensation Kelley Heyer, has sparked a legal showdown with gaming giant Roblox. Known for her creative choreography, Heyer became an overnight sensation when her moves went viral on TikTok, especially following the release of Charli XCX’s hit song Apple from her critically acclaimed album Brat . The dance quickly gained popularity, even being showcased by celebrities like Kylie Jenner and actress Daisy Edgar-Jones. However, this newfound fame has now led to a legal battle that is drawing attention to the often murky world of intellectual property in the gaming industry.
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Kelley Heyer is suing Roblox, claiming that the platform used her choreography without her permission, despite negotiations being underway for licensing. According to Heyer’s legal team, Roblox earned a significant sum from selling her dance as an emote in the game, an animated action players can use in-game. The lawsuit claims that Roblox made an estimated $123,000 (£93,000) from selling the emote, which was released in mid-August 2024 as part of an update for the popular game mode Dress to Impress . The dance was sold until November 2024, but the legal dispute is far from over.
Heyer had been in talks with Roblox about officially licensing her dance for use in the game. These talks were initiated after Charli XCX’s label struck a deal with Roblox to include the artist's likeness and music in the Dress to Impress experience. However, despite the ongoing negotiations, Roblox went ahead and released the dance emote without a finalized agreement or Heyer’s consent. Heyer’s lawyer, Miki Anzai, emphasized that the choreographer is an independent creator who deserves to be compensated for her work.
The lawsuit accuses Roblox of taking advantage of Heyer’s intellectual property and profiting from it without providing proper compensation. "We remain willing and open to settle and hope to come to a peaceful agreement," Anzai said, signaling that Heyer is open to resolving the matter without the need for prolonged court proceedings. The legal team is seeking compensation for the profits Roblox made from the emote, as well as additional damages.
Interestingly, this is not the first time a popular dance has led to legal action. The gaming industry, particularly within the realms of games like Fortnite , has seen multiple lawsuits over the use of viral dance moves. In Heyer’s case, her choreography was also licensed by other companies, including Fortnite and Netflix, who obtained the necessary rights to use it in their own platforms. This highlights a growing trend where creators, especially in the social media and gaming industries, are beginning to take a firmer stance on protecting their intellectual property.
As for Roblox, the company has defended its actions, asserting that it takes intellectual property rights seriously. In a statement, a Roblox spokesperson emphasized that the company is committed to protecting creators' rights and expressed confidence that it has handled the situation properly. Roblox is preparing to face the lawsuit in court, where it will defend its position on the matter.
This case is a significant one for the gaming industry, raising questions about how platforms that rely heavily on user-generated content should handle intellectual property. As more and more users create and share content like dances, emotes, and other assets, the need for clear agreements and fair compensation has never been more pressing. Whether this case will set a precedent for future disputes remains to be seen, but one thing is clear: independent creators like Kelley Heyer are increasingly determined to protect their work and secure their rightful share of the profits.
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