Kelley Heyer files lawsuit over viral Charli xcx song ‘Apple’ choreography

Kelley Heyer, the TikTok creator who created the viral Apple dance for Charli xcx’s song of the same name is ready to take legal action against her choreography being used without permission.

The social media influencer filed a lawsuit against Roblox Corporation for using her dance in a game without her permission.

Heyer first debuted her Apple dance on TikTok in June last year, in the midst of Charli xcx’s hit album brat’s success.

Although the creator filed a copyright a few months later, the game company started selling the dance as an emote and allegedly made $123,000 of profit.

Addressing the lawsuit, the gaming company told People Magazine, "As a platform powered by a community of creators, Roblox takes the protection of intellectual property very seriously and is committed to protecting intellectual property rights of independent developers and creators to brands and artists both on and off the platform."

Whereas Heyer’s attorney told the outlet, "Roblox moved forward using Kelley's IP without a signed agreement. 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."

Soon after the release of Apple, Heyer’s dance video went viral and became the unsaid official dance for the song. Charli xcx herself has performed the dance multiple times.