Viral Apple dance creator sues Roblox over its use in the game

Kelley Heyer choreographed the Apple dance which inspired millions of posts on social media

The TikToker behind the viral Apple dance has taken legal action against Roblox.

Kelley Heyer's choreography, inspired by Charli XCX's hit song of the same name, appeared in TikTok videos by the likes of Kylie Jenner, actress Daisy Edgar-Jones and even the singer herself.

Ms Heyer's legal team claims Roblox made $123,000 (£93,000) from selling the moves as an "emote" - a celebratory animation used by players in the game - without her permission.

Roblox tells BBC Newsbeat it takes intellectual property "very seriously" and is confident it hasn't done anything wrong.

An estimated 80 million people play Roblox every day and it has more monthly users than the Nintendo Switch and Sony PlayStation combined.

Roblox made a deal with Charli XCX last year to use her music and likeness as part of an in-game concert within Dress to Impress - one of the most popular experiences on the platform.

Ms Heyer was reportedly in talks with Roblox to license the Apple dance but her lawyer tells Newsbeat Roblox used it 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," says Miki Anzai, who's representing Ms Heyer.

"We remain willing and open to settle and hope to come to a peaceful agreement."

Ms Heyer previously told Newsbeat about kicking off the trend when she debuted some moves for the "unappreciated" track from Charli XCX's award-winning album, Brat.

At the time she said she had seen "large brands or huge creators" capitalising on the trend without crediting her.

"And that sort of bums me out a little bit," she said.

"That could have been a really good opportunity, really good exposure for me."

Apple was one of the breakout hits from Charli XCX's award winning album Brat

A Roblox spokesperson said: "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," a spokesperson says.

"Roblox is confident in its position and the propriety of its dealings in this matter and looks forward to responding in court."

Newsbeat has contacted Ms Heyer for further comment.

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