Case report · PR-5

5 · Polen Records · Chain of title

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Needs attention

  • The 2008 recording agreement grants performer rights to GANYA Ltda., while the case owner is GANYA S.A.S. The reviewed library contains no conversion, assignment, or other instrument connecting those entities.
  • The agreement does not name Fuego or include a track schedule. The later Fuego licence identifies the title and performers, but does not establish that this specific recording was produced under the 2008 agreement or transfer title to GANYA S.A.S.

Rights by work

  • Fuego — Bomba Estéreo

    Show chain diagram
      - Master: The 2008 agreement supports an assignment to GANYA Ltda. of the performers’ economic rights in interpretations made under that agreement, worldwide and without a stated time limit. A 2025 signed sync licence identifies a Fuego phonogram performed by Simón Mejía and Liliana Saumet, and GANYA S.A.S. represents that it owns or is a legitimate licensee of the phonogram rights. Together these are evidence of a master-rights claim, but the exact recording’s inclusion in the 2008 agreement and the GANYA Ltda.–GANYA S.A.S. link remain unestablished. The sync licence itself is limited and non-exclusive; it is not a title transfer. - Composition: Not listed for this work in the case rightsholder’s active catalogue. No composition-title conclusion is made.
      Evidence and limits

      - In the 2008 agreement, GANYA Ltda. is “EL PRODUCTOR”; the object clause covers works selected and interpreted by Bomba Estéreo members. Clause 17 assigns economic rights over interpretations made during the agreement, worldwide and without time limit. The agreement is dated October 10, 2008, and its extracted text includes the parties’ signatures and notarial acknowledgments. It does not identify <em>Fuego</em> by title or attach a track schedule in the text reviewed. - The 2025 licence names the phonogram <em>Fuego</em>, credits its performance to Simón Mejía and Liliana Saumet (Bomba Estéreo), and says it is not transferring phonogram ownership. It is a non-exclusive sync licence for a specified Spanish campaign and term, not an assignment to GANYA S.A.S. The instrument represents GANYA S.A.S. as owner or legitimate licensee; that representation is not the missing entity/transfer instrument. - The catalogue lists the work for recording only. A recording-rights grant does not establish composition ownership.

    Posts

    PostWorkPosted
    Instagram ↗Fuego — Bomba Estéreo2025-09-17 19:36 UTC
    TikTok ↗Fuego — Bomba Estéreo2025-09-17 19:42 (timezone not stored)

    Supporting documents

    • Contrato Fonográfico Bomba Estéreo.pdf
      Dated and executed agreement with Liliana Margarita Saumet and Federico Simón Mejía Ochoa; clause 17 assigns economic rights in qualifying recorded interpretations to GANYA Ltda. It does not identify Fuego or establish the legal link to GANYA S.A.S.
    • Redact Fuego Bomba Estero License 1.pdf
      Signed 2025 non-exclusive sync licence identifying the Fuego phonogram, performers and GANYA S.A.S. as licensor. It represents that licensor owns or is a legitimate licensee of the relevant rights; it expressly does not transfer phonogram title.
    • Polen Records Client Claim Authorization.pdf
      Dated June 2, 2026, signed letter authorizing Third Chair and its engaged lawyers to enforce and settle claims concerning Company Content and receive settlement payments. It describes the content generally, rather than listing this track.

    Document check

    Still needed

    • An instrument establishing the relationship or transfer from GANYA Ltda. to GANYA S.A.S.
    • Track-level or recording-session/schedule evidence linking this Fuego recording to the recordings covered by the 2008 agreement.

    What supports the chain

    The executed 2008 agreement supports performer-to-producer rights in qualifying Bomba Estéreo recordings. The later signed Fuego licence independently records GANYA S.A.S.’s claim to license the named phonogram, and the signed client authorization supports Third Chair’s general authority to act for Company Content. The first two documents do not establish the missing entity link or exact recording-to-agreement mapping. The composition estate is outside this catalogue entry’s scope.