‘Apple’ TikTok dance sparks legal battle

Copyright protection is automatically granted to creative and artistic works.

Traditionally, these works primarily included books, artworks such as paintings, and scientific publications. Over time, however, the range of works eligible for copyright protection has expanded significantly. This is hardly surprising, as creativity knows no bounds. Moreover, many creative expressions have developed into serious sources of income, increasing the need for legal protection.

Ultimately, it is up to the courts to determine whether a work is original enough to qualify for copyright protection.

Soon, a U.S. judge will consider whether the popular ‘Apple’ TikTok dance is protected by copyright law. The dance was created by Kelley Heyer to the song Apple by Charli XCX and went viral after she shared it on TikTok in June 2024. The gaming platform Roblox sought to integrate this dance into their game Dress to Impress as an “emote”—a short animation or dance that players can purchase and use to express themselves through their virtual characters. Although negotiations were underway between the parties involved, Roblox decided to use the dance before any agreement was reached. This is a classic example of developers who can’t wait for legal approval.

Although Roblox has since removed the dance from the game, Heyer has nonetheless decided to file a lawsuit seeking compensation for lost earnings. Since the parties have failed to reach a settlement, it is now up to the court to decide the case.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.