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Kelley Heyer attends the 2024 MTV Video Music Awards at UBS Arena on September 11, 2024 in Elmont, New York.

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TikTok message creatorKelley Heyersued the video game Roblox for using herdance to Charli XCX ’s “ Apple”without permit .

Heyer stake the viral saltation in June 2024 , which feed off of the hype of Charli XCX ’s strike summertime record album “ Brat . ” The saltation became so democratic that Charli XCX incorporate it into her live show and even take in Heyer to do the terpsichore at her show in New York City .

1 month ago I made a dance on a whimsy and now look at everyone dance along and get so much fun ! ! Thank you @Charli XCX for this astonishing song and iconic record album and for 💚 BRAT SUMMER 💚 ⭐ ️ ps who in nyc want to PARTY because I want to trip the light fantastic ⭐ ️ Outfit details : Top - A lovely gift from @Alvaro Earrings-@Airik ✮ Glasses-@AKILA Eyewear Shoes - Feners Pants - From ebay , tag says I.N. San Francisco#apple#brat#charlixcx

Fortnite and Roblox , two blockbuster games popular among children , each contain the saltation into their game , allowing players to buy “ emotes ” of the saltation for their embodiment to perform . But while Fortnite got Heyer ’s permit to license her choreography , she alleges that Robloxdid not signalize an agreementto do so .

“ Roblox moved forward using Kelley ’s IP without a signed concord . Kelley is an independent creator who should be redress fairly for her employment and we saw no other choice than to file wooing to prove that , ” said Miki Anzai , Heyer ’s attorney . “ We remain uncoerced and open to ensconce and trust to fall to a passive agreement . ”

allot toPolygon , Heyer guess that Roblox earned over $ 123,000 from selling more than 60,000 emotes of the “ Apple ” terpsichore .

“ As a weapons platform power by a community of creators , Roblox takes the protection of intellectual property very seriously and is committed to protect intellectual property right field of independent developers and creators to brand and artists both on and off the chopine , ” Roblox aver in a statement .

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