Remember, Kelley Heyer, the creator of the Charli xcx apple dance? She sued Roblox, claiming that Roblox sold an emote of her copyrighted dance without her permission, and it made $120k on it.

‼️ Not so says Roblox!

1️⃣ First, Roblox claims that they actually had an agreement.

Any guesses on how much she was going to get paid?

💵 Roblox says they agreed to license the dance for $5,000. Kelley's agent then countered at $7,500. Roblox agreed, and said it would draft up a formal license agreement.

🕺 Roblox then released the emote the next day, based on its understanding that the parties had an agreement.

🧾 And Roblox is bringing receipts! They attach the emails with Kelley that they say support its version of events.

❓ But, you may ask, they didn't have a formal, license agreement. No contract, no deal, right? Wrong!

🧑‍⚖️ Roblox cites a bunch of cases explaining that, under similar circumstances, email agreements like this are enforceable.

☢️ But, there's something even worse for Kelley.

2️⃣ Roblox's second argument.

Kelley says that she has the registered copyright for the apple dance. Registering your copyright is required before bringing a copyright lawsuit.

But Roblox says it searched the government's copyright filings, and there is no record that Kelley registered the copyright. This is likely a kill shot for the lawsuit.

Meaning, end of story. Kelley loses. 🔚

It'll be awhile before a judge rules on this, and Kelley will have a chance to give her version of events.

So, what's going on here?

A big bad corporation exploiting its content creator?

Or a greedy content creator trying to get a second bite at the apple? (Bad pun intended).

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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.

Adam Starr
Markowitz Herbold PC
1455 SW Broadway
Suite 1900
Portland
OR 97201
UNITED STATES
URL: www.markowitzherbold.com

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