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.
At the moment of the event, the Warner Theatre held a valid ASCAP permit for public performances and had paid the necessary mechanical royalties for the Vitaphone discs containing the soundtrack audio. Nevertheless, it lacked a specific license for synchronizing the copyrighted compositions with the movie.