TikTok Creator Kelley Heyer Files Legal Action Against Roblox
Kelley Heyer, the creator of the popular TikTok “Apple” dance associated with Charli XCX’s hit song, has initiated a lawsuit against Roblox Corporation. The lawsuit, filed in California on April 11, accuses Roblox of copyright infringement and unjust enrichment, alleging the company used Heyer’s choreography in its mini-game “Dress To Impress” without securing proper licensing. The emote in question was featured as part of a promotional update linked to Charli XCX’s “Brat” album, and over 60,000 sales were made within two months, generating approximately $123,000 in revenue.
The “Apple” dance, choreographed by Heyer, gained viral fame on TikTok and became a centerpiece of Charli XCX’s “Brat” album promotions. Celebrities like Kylie Jenner and Kim Kardashian also participated in the viral trend, significantly boosting its visibility. Heyer’s attorneys argue that negotiations between the TikTok creator and Roblox were still underway when Roblox prematurely added the dance to its game on August 12, prior to finalizing any legal agreement.
Significantly, Heyer officially submitted her copyright application on August 30, roughly two weeks after Roblox began offering the dance as an emote to users.
“It’s critical that digital platforms respect the intellectual property and creative efforts of artists,” commented legal expert Leslie Morgan, specializing in digital copyright. “This case will highlight potential gaps and responsibilities in the digital entertainment arena.”
Roblox representatives have indicated the company takes intellectual property rights seriously and expressed confidence in defending their position legally.
Timeline and Details of the Emote Controversy
The “Apple Dance” emote was introduced on Roblox on August 12, coinciding closely with the peak popularity of Charli XCX’s “Brat” album. Despite licensing her choreography to major platforms like Fortnite and Netflix previously, Heyer states that no such final arrangement was ever secured with Roblox. According to details revealed in the lawsuit, while discussions between Roblox’s licensing team and Heyer’s representatives were ongoing, the platform went ahead with introducing and monetizing the emote.
This case underscores broader issues surrounding digital licensing, a subject increasingly coming under legal scrutiny as user-generated content proliferates on social media and gaming platforms. The lawsuit explicitly seeks not only financial compensation equal to the revenue generated by Roblox but additional damages for alleged harm to Heyer’s artistic reputation and legal costs incurred by pursuing the claim.
“We are confident that the facts of this case will show how Roblox prematurely profited from Ms. Heyer’s creative property without proper authorization,” said Heyer’s lead attorney, Nathaniel Bridges, in a recent press statement.
Roblox, known widely for user-created games and interactive virtual environments, has previously faced similar challenges. Numerous creators and performers have targeted digital platforms for using their content without explicit consent, setting the stage for potentially pivotal rulings in copyright law tailored specifically to emerging online media.
Broader Implications for Digital Content Licensing and Intellectual Property Rights
The conflict between Heyer and Roblox goes beyond their immediate lawsuit, reflecting a growing challenge in safeguarding intellectual properties in an increasingly creative and interconnected digital ecosystem. Digital dances, innovative choreographies, and other viral activities that originate from social media platforms like TikTok present unique legal conundrums—raising questions about who owns the creative output and how rights can be effectively managed and enforced online.
Historically, high-profile cases involving platforms such as Epic Games’ Fortnite have brought significant attention to these issues. Fortnite previously encountered multiple legal battles over similar accusations, though many cases were dismissed, highlighting the complexity of applying traditional copyright understandings to digital, interactive media.
Given the profits and exposure that online platforms can derive from viral trends and dances, this lawsuit highlights the need for clearer licensing practices and stricter adherence to copyright law. It may also trigger policy discussions about improving copyright protections for digital creators on platforms capable of widespread distribution and monetization.
“What we’re observing here is potentially precedent-setting,” said digital rights advocate Miriam Liu. “It emphasizes that creators do need strong, enforceable protections for their intellectual labor in the age of digital virality.”
The outcome of Heyer’s case against Roblox could influence content licensing policies across the digital entertainment industry, potentially altering how online platforms interact with individual creators and manage licenses for user-generated content. As digital platforms continue growing in popularity and economic importance, clearly defined standards for creator compensation and protection of intellectual property are more crucial than ever.