ARTICLE
7 May 2025

Roblox Might Owe $123,000… Over One Dance Emote!

MH
Markowitz Herbold PC

Contributor

Markowitz Herbold is a litigation law firm that tries high-stakes business disputes for individuals, companies and state, local and regional governments, to juries, judges and arbitrators. We are known by our peers for resolving complicated and challenging cases.

The firm is based in Portland, Oregon, and our lawyers practice before state and federal trial courts in the Northwest and across the country.

We’ve earned our reputation as an “outstanding boutique firm” by delivering results: Multi-million dollar jury verdicts, successful settlements of “unresolvable” cases, and fierce defenses of difficult claims. Our courtroom savvy is widely known. Clients and even other lawyers often hire us, sometimes on the eve of trial, to take over as lead counsel or provide strategic advice.

The plaintiff is Kelley Heyer. She created a viral dance to Charli XCX's song "Apple." She even registered it with the Copyright Office — because yes, dances and emotes are copyrightable.
United States Intellectual Property

The plaintiff is Kelley Heyer.

She created a viral dance to Charli XCX's song "Apple."

She even registered it with the Copyright Office — because yes, dances and emotes are copyrightable.

Kelley says Roblox reached out to license her Apple Dance for Dress to Impress, part of a Charli XCX event.

But here's the twist:

While negotiations were still going on, Kelley says Roblox released the Apple Dance emote without a signed license. She claims they made $123,000 off it.

So she sued Roblox for copyright infringement.

My guess? Timing mattered. Roblox probably wanted the dance live during the Charli XCX promo and in time for brat summer—so launched it before sealing the deal.

If Kelley's allegations are true, I'd bet Roblox settles this one fast!

Check out the video!

1621008a.jpg

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More