Kelley Heyer is suing unauthorized use of her choreography (Image via roblox.com) — Kelley Heyer has shown openness to settlement outside court. (Image via roblox.com)

Who is Kelley Heyer? Creator of Charli XCX’s Apple dance sues Roblox over unauthorized use and sale of her choreography

Modified Apr 17, 2025 22:17 GMT

TikTok choreographer Kelley Heyer, best known for her popular “Apple” dance synced to a Charli XCX track, is now taking legal action against gaming platform Roblox.

Kelley Heyer has filed a lawsuit against Roblox Corporation, alleging unauthorized use and sale of her viral choreography, the “Apple” dance. The case was filed on April 11, 2025, in California. It revolves around Roblox’s addition of the dance as an emote element in their popular gaming system without securing a licensing agreement or providing creator compensation.

According to court documents, Roblox first contacted Heyer in August 2024 with interest in licensing the “Apple” dance for an emote, allowing players' avatars to perform the choreography within the game. On August 12, 2024, Heyer indicated she was open to formalizing a licensing agreement. However, the company allegedly proceeded to add the emote to the game’s “Dress to Impress” update on August 17, 2024, before any agreement was signed.

Heyer stated in the lawsuit that Roblox has “refused to finalize a license agreement” and denied compensation for her dance.

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Attorney Miki Anzai said in a statement to POLYGON on April 17, 2025:

“Roblox moved forward using Kelley’s IP without a signed agreement.”

She added:

“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.”

Kelley Heyer contends that Roblox continued to profit from the dance for several months, “more than 60,000 units of the Apple Dance emote” and generating “an estimated $123,000” in revenue before removing it from sale in November 2024. She accuses Roblox of moving forward with her choreography despite the absence of a signed agreement, a decision that she believes violates her copyright and devalues her work.

“As the Apple Dance emote comprises solely of the Apple Dance choreography, completely separate and distinct from the Charli XCX song, the sole ‘artist’ for purposes of the emote is Ms. Heyer,”..... lawyers wrote in complaint.

Heyer seeks full profit earnings from Roblox's emote sales while demanding other compensatory and statutory damages for the claimed violation.

Roblox reacts to the legal filing by Kelley Heyer

When contacted for clarification, a Roblox representative provided this formal statement to Polygon on April 17, 2025:

“As a platform powered by a community of creators, Roblox takes the protection of intellectual property very seriously and is committed to protecting the intellectual property rights of independent developers and creators to brands and artists both on and off the platform. Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court.”

Kelley Heyer's choreography has been licensed by several corporate entities in the past. The "Apple" dance was officially licensed by Fortnite and released as an emote in December 2024. She also mentioned that Netflix has legally licensed the dance for use.

The case is now moving through the California court system, with both sides expected to present their arguments in the coming months. Kelley Heyer has shown openness to settlement outside court, but continues fighting to protect her creative rights as an artist.

About the author

Tanishqa Patil is a food writer at Sportskeeda, bringing two years of content creation experience from various platforms, including Thesportslite [TSL], Fusion World, and Exotic India Art. Her academic foundation includes a Bachelor of Journalism and Mass Communication and a Bachelor of Arts in English. Currently, she is expanding her expertise through a Master's in English Literature.

Tanishqa's love for food stems from its profound ability to connect people with culture, history, and emotions. She expertly delivers accurate and relevant content by cross-referencing insights from culinary experts, academic articles, and trusted publications. She admires Nigella Lawson for her ability to celebrate indulgent dishes with poetic expression.

Beyond her professional endeavors, Tanishqa enjoys painting, reading, and immersing herself in the art world. If she could attend any concert in history, it would be a performance by the iconic Indian singer K.K. (Krishnakumar Kunnath).

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