Ultima creator Richard Garriott, also known as Lord British, has revealed a plan to reclaim the intellectual property rights for his celebrated role-playing game series from Electronic Arts. Garriott intends to use a provision within the Copyright Act of 1976, specifically Section 203, which allows original authors to reclaim their copyrights after a certain period.
EA acquired the Ultima franchise and developer Origin Systems in 1992, later closing the studio in 2004. Garriott has expressed a long-standing desire to bring Ultima back, noting that past attempts to collaborate with EA on revivals have stalled. Recent trademark filings by EA for the Ultima franchise, in classes for video games and downloadable video games, suggest the publisher may be considering new projects or reinforcing its ownership against potential claims.
Garriott's strategy hinges on the Copyright Act of 1976, which permits creators to reclaim their copyrights after 35 years. According to reports, Garriott would need to submit a signed written statement to the copyright office to initiate this process. If successful, this would transfer the copyright for his original works back to him.
It is important to distinguish between copyright and trademark. While copyright protects the creative expression, such as source code and the overall look and feel of a game, a trademark safeguards the brand identity. Therefore, even if Garriott successfully reclaims the copyright, he would not automatically be able to use the "Ultima" name for new games without a separate agreement with EA, but he could create a game with a similar style and theme. Garriott stated his intention is for "Lord British's Ultima" to regain all copyrights of his original work, positioning it as his next challenge.