Kelley Heyer is embroiled in a legal battle against the gaming platform Roblox, alleging they exploited her viral dance without her consent. Heyer is known for the viral ‘Apple’ dance associated with Charli XCX’s hit song, which shot her to fame. In fact, she performed the dance live at one of Charli XCX’s concerts.

Kelley Heyer: “I believe independent creators deserve fair compensation for their work.”

The legal action comes after Heyer claims that Roblox used her choreography in their Dress to Impress game update themed around the artist, which was released in August 2024. While negotiations were underway for licensing, Roblox proceeded to launch the emote before a formal agreement was finalized.

The lawsuit argues that Roblox profited significantly from the emote, netting approximately $123,000 between its launch and November of last year. Heyer’s attorney, Miki Anzai, asserts that “Kelley is an independent creator who should be compensated fairly for her work.”

Roblox’s appropriation of internet sensations like Heyer’s dance is not new, with other creators also voicing concerns over similar issues with the platform, showcasing a pattern in the gaming industry regarding fair use and copyright.

As she continues her fight for recognition and remuneration, Heyer emphasizes the importance of supporting creators’ rights in digital spaces.