Creator of Viral "Apple" Dance Sues Roblox for Unauthorized Use - Legal Battle Over Emote Profits

​By M Muzamil Shami - April 19, 2025

The world of online gaming and viral TikTok trends collided in a legal dispute that has captured attention from creators, gamers, and social media users alike. Kelley Heyer, the mastermind behind the viral "Apple" dance, has taken legal action against Roblox for using her choreography without proper licensing or permission.

Heyer, a TikTok content creator, first posted the "Apple" dance on June 15, 2024. The dance quickly went viral, gaining traction on TikTok and eventually becoming a fan-favorite choreographed to Charli XCX's hit song of the same name. Celebrities like Kylie Jenner, Daisy Edgar-Jones, and Charli XCX herself joined the trend, boosting the song’s popularity.

However, the excitement soon turned sour for Heyer when she discovered that Roblox, the massively popular online gaming platform with over 80 million daily users, was selling an emote based on her dance moves. The emote, which allowed players to replicate her choreography within the game, was released without Heyer's consent.

Roblox initially approached Heyer to discuss licensing the "Apple" dance for use in its platform. However, negotiations were never finalized, and the company proceeded to sell the emote, generating an estimated $123,000 in revenue, according to Heyer’s legal team.

Heyer’s lawsuit, filed on April 11, 2025, in California, claims that Roblox’s actions were a clear violation of intellectual property rights. She is seeking compensation for the unauthorized use of her choreography, as well as other damages.

In a statement, Heyer’s attorney, Miki Anzai, emphasized that independent creators like Heyer deserve fair compensation for their work. Roblox has stated that it takes intellectual property protection seriously and is confident that its actions were lawful. The platform has promised to respond to the lawsuit in court.

Why This Legal Battle Matters: This case highlights a growing issue in the world of digital content creation and intellectual property. As social media trends, viral dances, and in-game emotes become increasingly intertwined, the question of who owns the rights to these trends becomes more complicated. Platforms like Roblox and Fortnite have faced similar lawsuits over the unauthorized use of viral dances, leading to calls for more clarity in intellectual property law.

Conclusion: As the legal battle unfolds, creators and fans alike are watching closely. Heyer’s lawsuit could set a precedent for how viral dances and trends are handled in the digital age. For now, the future of the "Apple" dance on Roblox remains uncertain, but the fight for fair compensation continues.

FAQs:

Q: Why is Kelley Heyer suing Roblox?
A: Kelley Heyer is suing Roblox for using her viral "Apple" dance choreography without her permission or a signed licensing agreement, generating significant revenue from it.

Q: What is the "Apple" dance?
A: The "Apple" dance is a viral choreography created by Kelley Heyer and set to Charli XCX’s hit song "Apple." The dance became popular on TikTok, with influencers and celebrities replicating it.

Q: How much money did Roblox make from the "Apple" dance emote?
A: Roblox reportedly made $123,000 by selling the "Apple" dance emote before finalizing any agreement with Heyer.

Q: How is this lawsuit related to copyright law?
A: The lawsuit centers around the unauthorized use of Heyer’s copyrighted choreography. Heyer is seeking compensation for the commercial use of her dance without permission.

What do you think about creators fighting for their rights in the digital age? Should platforms like Roblox pay creators for viral trends? Share your thoughts in the comments below!

#ViralDance #AppleDance #IntellectualPropertyRights