At the time of the event, the Warner Theatre had a valid ASCAP license for public performance, and had paid the statutory mechanical royalties for the Vitaphone discs containing the soundtrack audio, but they had not licensed the copyrighted compositions specifically for synchronization rights.
The Warner Theatre held a valid ASCAP authorization for public performances at the time and had fulfilled its statutory obligations by paying mechanical royalties for the Vitaphone soundtracks. However, it did not have an explicit agreement for synchronizing the copyrighted music with the film.