A new lawsuit shows just how complicated things can get when viral content, brand deals and gaming platforms overlap. TikToker Noelle Leyva is suing Roblox for using her dance in a Charli XCX-themed Apple Music experience without her permission.
The viral dance
According to the complaint filed in California, Noelle Leyva claims Roblox used her TikTok dance without credit or payment. The dance was featured in an Apple Music “listening party” built inside Roblox’s platform, starring Charli XCX.
According to the creator, she choreographed and posted the dance on TikTok in 2021 and it went viral. In 2023, Roblox launched a Charli XCX Apple Music activation that used a motion-captured version of her dance. Leyva wasn’t notified, credited or compensated for that use.
The lawsuit argues this violated her rights under copyright and publicity laws. The creator is asking for damages and an injunction to stop further use of the dance.
This case raises questions about how creators’ content is used by platforms and brands. When a dance or trend goes viral on TikTok, it can attract attention from companies looking to incorporate that content into their own campaigns or experiences.
Key claims in the case
Original choreography may qualify for copyright protection and disputes can arise when creators believe their work is reused without permission. In this case, Noelle Leyva’s legal team argues that the motion-captured dance in the Roblox experience closely resembles her original TikTok post, which they claim amounts to unauthorized use.
Branded activations, like the Charli XCX and Apple Music event inside Roblox, add another layer of complexity. Multiple parties may be involved in producing and distributing content, making it harder to trace how creative work is sourced.
This is not the first time creators have challenged companies over the commercial use of viral dances. Similar cases have been brought against platforms like Epic Games over Fortnite emotes. As more platforms lean into creator-driven content, legal questions about ownership and usage continue to come up.
Featured image courtesy: Noelle Leyva