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TikTok creator behind the viral Charli XCX Apple dance settles lawsuit

TikTok creator behind the viral Charli XCX Apple dance settles lawsuit

Kelley Heyer, the TikTok creator behind the viral Apple dance, has settled her lawsuit against Roblox over claims the platform profited from her choreography without permission.

The influencer launched legal action against Roblox Corporation earlier this year, alleging that her Apple dance – created to accompany the Charli XCX track of the same name – had been copied and sold as an emote on the platform without her consent.

Her lawyers claimed Roblox made $123,000 (£93,000) from the sale of the move, which is used by players as a celebratory animation.

New court papers filed in the US confirmed Kelley and Roblox had agreed to dismiss the case.

A joint statement released by both parties said they had “amicably resolved” the matter.

They said: “The parties wish each other every success in their creative pursuits and encouraging the creating pursuits of others.”

The Apple dance became a major TikTok trend during the summer of 2023, later being incorporated into Charli XCX’s live shows.

Kelley told BBC Newsbeat at the time she was pleased to see people performing the routine but was “bummed out” when brands and large creators used it without credit.

Kelley’s lawyer Miki Anzai said her client had been in talks with Roblox to license the Apple dance but that the company proceeded without a “signed agreement”.

In court, Roblox argued Kelley had not registered copyright for the choreography and had already granted permission for it to be used.

Roblox said it had released the emote as part of a Charli XCX-themed concert staged within Dress to Impress, one of the most popular games on the platform, after agreeing to license the dance for $9,000 (£6,700.)

Miki previously told BBC Newsbeat Kelley “should be compensated fairly for her work” and added they “saw no other option” but to bring the case forward.

Roblox, which has more than 80 million daily players, now counts more monthly users than Nintendo Switch and Sony PlayStation combined, according to industry figures.

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