Roblox sued for allegedly selling Charli XCX dance without permission, and it’s like the last five years never happened

Back when Fortnite was getting properly big, Carlton from the Fresh Prince famously tried to sue Epic Games for the use of his dance in the game. (You could also buy the Carlton dance in Destiny, I remember, which I absolutely did, but I suppose Fortnite had just become the biggest game on the planet at the time.)

Anyway, Carlton – real name Alfonso Ribeiro – was ultimately unsuccessful, as were a handful of other similar cases. But whether because of the bad publicity or actual legal concerns, Fortnite pretty quickly cleaned up its act. Today it’s home to countless dance emotes, music tracks and other bits and pieces, all agreed legally and above board.

But now, six years on from Carlton vs Fortnite, we have the maker of the Charli XCX Apple dance vs Roblox. The former has alleged that the latter sold their dance without permission, raking in roughly $123k (£93k) in sales. Has no one learned anything over the past half decade?

As reported by Polygon, Apple dance creator and copyright holder Kelly Heyer began legal action this week. Heyer originally posted the dance on TikTok last summer, and it was correctly licensed by Fortnite and added to that game last December.

Roblox, according to Heyer, added the emote last August after contacting her to gain permission, but before the permission was actually granted.

“Roblox moved forward using Kelley’s IP without a signed agreement,” Heyer’s attorney Miki Anzai said. “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. We remain willing and open to settle and hope to come to a peaceful agreement.”

Charli XCX herself, by the way, does not seem to be getting involved. The artist has used the dance on tour, but was not part of its creation.

“As the Apple Dance emote comprises solely of the Apple Dance choreography, completely separate and distinct from the Charli XCX song, the sole ‘artist’ for purposes of the emote is Ms. Heyer,” the TikTok creator’s lawsuit reads.

Responding to the lawsuit, a Roblox spokesperson said the game took “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”.

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

Earlier this year, Roblox boss Dave Baszucki said parents who were “not comfortable” about their children’s safety shouldn’t let them play Roblox.