From a complete outsider's point of view, Vic didn't "get away" with anything. He delivered what was promised, and did it as a non-profit. Not "operating as a non-profit," but an actual US-government-certified 501(c)3. I don't know how he keeps getting painted as the bad guy.
So. Could James Cawley finish the special effects work for the films he produced prior to the guidelines existing because Vic continued to ignore them when they did exist?
"Ignore" is not the right word. According to folks in the know, including in this thread, Vic was in constant contact with CBS. Not to mention the well documented fact that he's said many times that if he was told to stop, he'd stop. Period. With Cawley's licensing deal for the set tour I'd imagine that, even if he wanted to finish those episodes, he wouldn't want to jeopardize that relationship.
I would be floored if there was an actual legally-enforceable agreement. It's probably more of a situation where Vic courteously kept them apprised of his group's intentions and activities and CBS didn't voice an objection. That's how it works. If they never give explicit permission, they're free to simply ignore what they don't care about and only litigate the specific projects that concern them, without having to worry about what agreement they made with whom. It has the added benefit of inducing self-censorship in the fan film community. "Is smoking space pot a bridge too far? Better not put that in, just to be safe."
That's not what I asked. When Cawley's site was up, there were active threads detailing productions of films from start to finish. Way before any of these guideline stuff. Based on the material already shot--not resurrecting to shoot more faux episodes-- could he finish the sound and sfx for those materials? Despite all of the hearsay contact with CBS; I doubt Vic got a pass--he ignored, not followed, broke what was written in the guidelines and like Cawley wrote,"Roll the dice." Vic produced several Trekfan films while the guidelines were active, why can't Cawley just finish what was shot prior to guidelines?
Probably because he is a licensee, assuming he has no intention of finishing them. We simply don’t know at this stage, and until James makes a definitive statement (if he even can) we won’t.
You'd have to ask Cawley. "Guidelines." Not set-in-stone rules or laws. CBS has said, paraphrasing, that they don't want to be involved in day to day fan film activity, but if necessary would look at each case individually. It's not a difficult concept.
It's not what you asked but you sure imply that Vic was continuing without discussing it with CBS, hence my "I thought Vic discussed it with CBS and they came to an agreement."
James stopped caring about finishing those projects long before the guidelines. If he wanted to release them, they would have been on line years ago.
However in Cawley's case there is likely something in his license agreement about respecting the copyright and IP of CBS's works. He is under different rules that are more then just guidelines.
Again, we don't actually know that. It's an assumption that may be true, but it's also just an assumption. Either way it's all moot.
Unless you adhere to the Guidelines to-the-letter, there are no "set-in-stone rules", and each fan film will be judged "individually" on a case-by-case basis. That doesn't sound simple to me. Sounds to me that the only simple path is "Obey the Guidelines". Otherwise, you're talking about a lot of theorizing and trying to read CBS's collective mind. Even if his contract didn't specifically require him to protect/respect CBS copyrights, someone has already been sued by CBS for a commercial venture involving CBS copyrights, and he's a licensee, who will be held to a higher standard than some guy off the street. If I were a lawyer, I know what I'd tell him to do.
Perhaps, but I think it's a pretty SAFE assumption that deliberately violating the copyright of your business partner is not conducive to a good business relationship. The point that @Krandor and I are trying to make is that, whatever his reasons, it would have been unwise for him to have continued making Star Trek fan films on account of his licensee status. Possible motives are kinda immaterial. Do we really need to argue about whether he made the right decision for the wrong reason?
I’m not disputing that argument. I’m merely saying that until James actually confirms anything himself it is all speculation. Might be right, might be more to it, but we don’t actually know. Not to mention, your point is not the same one Krandor made (which was that there was a clause in his contract). Again, we do not know if that is the case. Speculate as much as you like but it’s still speculation. The only people who know the facts are those involved, and that’s not anyone here.