Kelley Heyer’s viral choreography has taken the internet by storm — but now, it’s at the center of a legal showdown.
Heyer, the creative force behind the wildly popular “Apple” dance inspired by Charli xcx’s infectious hit of the same name, has filed a lawsuit against Roblox Corporation. The digital gaming giant is accused of using her now-iconic moves without her permission.
It all started in June 2024 when Heyer spontaneously uploaded her “Apple” dance on TikTok. The timing was perfect — it was peak “brat summer,” a term lovingly coined by Charli xcx fans to describe the season’s audacious, glam energy. Heyer’s choreography, quirky and rebellious, struck a nerve with the internet and quickly spiraled into viral territory. Soon after, Heyer moved to copyright the routine to protect her intellectual property.
But according to the lawsuit filed on April 11 in California’s Central District Court, Roblox allegedly beat her to the punch — using her dance before any formal agreement was reached.
🍏 A Viral Victory Turned Legal Battle
The complaint alleges that Roblox had approached Heyer to license the dance for its platform. However, before any deal was signed, Roblox released an “Apple Dance” emote — essentially allowing players to use Heyer’s signature moves on their avatars — and began profiting from it. Heyer’s legal team claims the company raked in $123,000 through these sales.
With over 80 million daily users, Roblox is a dominant force in online gaming, reportedly attracting more monthly users than both the Nintendo Switch and Sony PlayStation combined. This reach made the emote an instant hit — but not, as Heyer claims, a legally sanctioned one.
“Roblox moved forward using Kelley’s IP without a signed agreement,” said Heyer’s attorney Miki Anzai in a statement to PEOPLE. “Kelley is an independent creator who should be compensated fairly for her work. We remain willing and open to settle and hope to come to a peaceful agreement.”
In response, Roblox maintained its stance. “Roblox takes the protection of intellectual property very seriously,” the company said in a statement. “We are confident in the propriety of our dealings and look forward to responding in court.”
🍏 The ‘Apple’ Craze: A Movement in Motion
Since Heyer’s upload, the “Apple” dance has become an online phenomenon. Her whimsical choreography has become inextricably linked to Charli xcx’s brash and catchy anthem. TikTok creators, Instagram influencers, and even A-list celebrities couldn’t resist its charm.
On July 14, Heyer reflected on the explosive popularity in a TikTok video that now boasts over one million views. “One month ago I made a dance on a whim and now look at everyone dancing along and having so much fun,” she wrote, overwhelmed by the wave of support.
And the love hasn’t stopped. Charli xcx recently brought the dance to the desert, performing “Apple” live during her Coachella 2025 set — with a sea of fans, including Kylie Jenner, Alex Consani, and Gabbriette, busting out the now-legendary moves in the crowd. The moment cemented the dance’s pop culture status.
But behind the glitz and glam, Heyer’s legal fight may mark a major moment in how viral creators are compensated — especially in a digital age where dances can transcend apps and turn into lucrative digital goods overnight.
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