"the shapes of typefaces are not copyrightable, though the shapes may be protected by design patent ... A font (the computer code used to display the typeface) may be protected as copyright"
So practically, they are copyrighted. Are you going to redesign the TrueType font from scratch?
It's Apple's playground and they can enforce whatever idiotic rules they want, but I don't see how using their emoji font is any different from any other font they provide. IP rules aren't a justification for it.
All the justification they need is "We're in charge and we reserve the right to be arbitrary and capricious with app approval," but that doesn't mean I like it.
So practically, they are copyrighted. Are you going to redesign the TrueType font from scratch?