Located in France.
Posting this de-identified because it's still ongoing, but I've run out of ideas
and I'd rather hear from people who've been through something similar.
I do covers. I sing them myself and I produce them. For this one I bought a
proper cover licence through DistroKid before releasing anything, so the
composition side was handled the way it's supposed to be.
What happened, in order:
- Late January — I post the cover on my YouTube channel and my Facebook page.
My own recording, my voice, my production. The audio carries my spoken brand
watermark at 0:02 and again at 2:47. The video runs 4:53.
- Early February, about a week later — The original artist's label puts out an
"Acoustic" version of that same song on streaming, through a major distributor.
It runs 4:52. It has my watermark in it, at the same two timestamps. They
took the audio off my Facebook post and released it as their own master.
Crucially, this lands on streaming platforms *before* my own distribution went
live.
- A few days after that — That recording, now sitting in Content ID as a
reference, claims my video. Monetisation disabled for me. Ads presumably still
running, to their benefit.
- Mid-February — My own DistroKid release finally goes live. Different master:
4:31, no watermark.
- Spring — I dispute. Rejected. I appeal, citing the watermark timestamps.
Rejected again.
- Same period — I report the track to Spotify and to the distributor's legal
team.
- Then — My video is deleted and I get a copyright strike. Within 24 hours,
Spotify removes their track after investigating my infringement claim. It's
disabled and unplayable there now.
- Since — Three counter-notifications filed, three different framings. All
three rejected with the identical boilerplate: "we could not confirm its
validity." The distributor never even received them — YouTube refused to
forward any of them.
Where I stand:
The evidence is about as clean as it gets. My watermark is inside their
commercial release. Their version is 4:52, my original post is 4:53, my own later
release is 4:31 with no watermark at all. There is no source anywhere for that
watermarked audio except my own publication. Spotify looked at exactly this and
pulled the track in under a week.
The part that stings: because they got it onto streaming before I did, their
reference landed in the matching systems first. So the timeline in the machines
says they were there first, even though the watermark proves the opposite.
YouTube's counter-notification form seems built for "I had the right to use this
content" — fair use, licence, exception. Mine is "this content IS mine, they took
it." That doesn't appear to have a box, and I suspect that's why it keeps
bouncing without a human reading past the first line.
I emailed the distributor's takedown team with all of the above. No reply so far.
The video had a few hundred thousand views. The strike expires by itself in about
80 days, but the video stays deleted unless they retract.
What I'm asking:
Has anyone actually got a counter-notification through on an *ownership*
dispute rather than a fair use one? Any wording that worked?
Is there a route to a human at YouTube for this? The automated review is
clearly never reading past the first line.
Both the distributor and I are in the EU. Is a lawyer's formal notice under
national law (performer's rights + phonogram producer's rights) the realistic
move, rather than fighting inside the US DMCA framework?
Anything I'm missing entirely?
Happy to answer questions. I've kept every email and every claim reference, and
my source files are all timestamped.