Key Concepts:
- Copyright Infringement
- Intellectual Property (IP)
- Emote Licensing
- Damages
- Profits from Infringement
Kelly Haer's Lawsuit Against Roblox
TikToker Kelly Haer is suing Roblox for alleged copyright infringement related to her viral "Apple" dance. The dance, set to Charlie XCX's song "Apple," gained significant popularity online and is now part of Haer's live performances.
Licensing Negotiations and Release of the Emote
Roblox contacted Haer to license the dance for their "Dress to Impress" game. While Haer was open to the idea, she claims that a final agreement was never reached. Haer had previously licensed the dance to Fortnite and Netflix through formal, signed agreements. Despite the lack of a finalized deal, Roblox released the dance as an emote.
Commercial Exploitation and Removal
The "Apple" emote was available for sale on Roblox until November 2024. During this period, it sold over 60,000 copies, generating an estimated $123,000 in revenue for Roblox.
Roblox's Response
Roblox stated to BBC News that they "take intellectual property very seriously" and are "confident that they acted appropriately."
Legal Arguments and Demands
Haer's lawsuit accuses Roblox of copyright infringement, asserting that the dance is her intellectual property, independent of Charlie XCX or the song itself. The lawsuit demands that Haer be awarded Roblox's profits from the emote, along with unspecified damages.
Synthesis/Conclusion
Kelly Haer's lawsuit against Roblox centers on the unauthorized use of her "Apple" dance as an emote within the Roblox platform. The core legal issue revolves around whether the dance is considered Haer's intellectual property and whether Roblox's actions constitute copyright infringement. The outcome of the case will likely depend on the court's interpretation of copyright law as it applies to dance moves and the evidence presented regarding the licensing negotiations and Roblox's profits from the emote.
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