In the early days of Fortnite’s rise to fame, actor Alfonso Ribeiro, known for his role as Carlton on The Fresh Prince of Bel-Air, attempted to take legal action against Epic Games for incorporating his signature dance into the game. Interestingly, the Carlton dance also appeared in Destiny, a game I personally invested in. However, at that time, Fortnite had skyrocketed to global prominence.

Ultimately, Ribeiro’s lawsuit did not succeed, nor did the cases brought by a few others. Following this negative publicity and potential legal ramifications, Fortnite made significant changes to its approach. Today, it features a wide array of dance emotes, music, and other elements that are all legally cleared.

Fast forward six years from the Ribeiro case, and we now have a new legal dispute involving the Apple dance created by Kelly Heyer, which is connected to Roblox. Heyer claims that Roblox began selling the emote without her permission, generating approximately $123,000 in sales. It raises the question: have lessons from the past gone unheeded?

According to reports, Heyer initiated legal proceedings this week. She first showcased the dance on TikTok last summer, and it was subsequently licensed for inclusion in Fortnite last December. However, she asserts that Roblox added the emote in August after reaching out for permission but before it was officially given.

“Roblox proceeded to use Kelley’s intellectual property without a signed contract,” commented Heyer’s attorney, Miki Anzai. “As an independent creator, Kelley deserves fair compensation for her contributions, which is why we felt compelled to file this lawsuit. We are open to settling and hope to find an amicable resolution.”

Notably, Charli XCX, while having utilized the dance during her tour, is not involved in this legal matter, as the choreography is distinct from any of her songs. Heyer’s lawsuit emphasizes that she is the sole creator of the Apple Dance emote.

In response to the lawsuit, a representative from Roblox emphasized the game’s commitment to safeguarding intellectual property rights. “Roblox takes these matters very seriously and strives to protect the rights of independent creators, brands, and artists both on our platform and beyond,” the spokesperson stated. “We believe in our position and look forward to addressing this issue in court.”

Earlier this year, Roblox CEO Dave Baszucki also commented on the importance of children’s safety, advising parents to keep their children off the platform if they are concerned about safety issues.