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TikToker Kelley Heyer Sues Roblox Over Unauthorized Dance Emote

TikTok creator Kelley Heyer has sued Roblox for using her viral dance without permission, raising important questions about intellectual property rights in digital content. While Fortnite secured Heyer's permission, Roblox allegedly did not, leading to a lawsuit over $123,000 in emote sales. This case underscores the need for clear agreements and fair compensation for creators.

Published April 19, 2025 at 08:13 PM EDT in Software Development

In a recent legal dispute, TikTok content creator Kelley Heyer has filed a lawsuit against the popular gaming platform Roblox for allegedly using her choreography without permission. The dance in question, set to Charli XCX's hit song 'Apple,' became a viral sensation after Heyer posted it in June 2024. Its popularity soared, leading Charli XCX to feature the dance in her live performances and even invite Heyer to perform on stage in New York City.

While Fortnite, another major gaming platform, secured Heyer's permission to use her choreography as an emote, Roblox allegedly did not. Heyer's attorney, Miki Anzai, stated that Roblox proceeded to use Heyer's intellectual property without a signed agreement, prompting the lawsuit. The lawsuit claims that Roblox earned over $123,000 by selling more than 60,000 emotes of the 'Apple' dance.

Roblox, known for its community-driven platform, responded by emphasizing its commitment to protecting the intellectual property rights of creators. The company stated that it takes such matters seriously and is dedicated to ensuring the rights of independent developers and artists are respected both on and off its platform.

This case highlights the ongoing challenges faced by content creators in protecting their intellectual property in the digital age. As platforms like Roblox and Fortnite continue to integrate user-generated content, the importance of clear agreements and fair compensation becomes increasingly critical. QuarkyByte offers insights into navigating these complex legal landscapes, helping creators and businesses understand their rights and the necessary steps to protect their work.

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