A 35-year-old copyright rule could let Ultima's creator make a new game EA can't stop

Skye Jacobs

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Looking ahead: Two quiet moves – one from EA, one from Ultima's creator – could end up reshaping what the series looks like in the years ahead. Electronic Arts recently filed new trademarks tied to Ultima, the long-running RPG series it acquired in 1992 and has mostly left dormant since. The filings don't point to a specific project, but they do show EA is still actively protecting the Ultima name. Around the same time, Ultima creator Richard Garriott has been working to a different kind of schedule, one set by the quirks of US copyright law.

Garriott says he has tried several times over the years to bring Ultima back with EA's help, but each effort stalled before anything concrete happened. "Every decade or so, I tried to work with EA on a revival of Ultima," Garriott told Inside Games' Brian Gaar. "They always seemed interested enough to start talking, then abandoned talks just as quickly." Beyond those stalled talks, he's now looking at other ways to move forward.

Under US law, creators can move to reclaim certain rights to their work 35 years after they transferred them. EA acquired the rights in 1992, making 2027 the first year Garriott can act on that 35-year rule. "And so, I have been waiting… finally, the time has come!" he said.

The wrinkle – and the part that matters most for how any future game actually gets built – is the way copyright and trademark split in this case. Even if Garriott regains the underlying rights to his original work, EA would still control the Ultima name and associated branding through trademark protection.

In practice, that could leave Ultima heading in two directions at once.

Garriott could build a new project based on elements he originally created for the series, but he wouldn't be able to release it under the Ultima name. EA, for its part, would remain free to launch or license games under the Ultima brand, with or without Garriott's involvement.

Garriott has hinted at how he's thinking about that challenge: "'Lord British's Ultima' will regain all the copyrights of my original work. What it will become is the next challenge." Taken at face value, he seems more interested in reworking his old ideas than simply slapping the same logo on a new box.

That distinction matters. Ultima has been around for more than 40 years, and the series has already gone through long stretches of quiet followed by resurfacing in new forms. If Garriott does move ahead, he'll need to decide what "Lord British's Ultima" actually looks like in practice, a question he hasn't yet answered publicly.

At the same time, EA's trademark activity raises a separate set of possibilities. If EA does more with the trademarks, any new Ultima-branded project could look very different from the older games, though the company hasn't said what it has in mind. Whether that happens remains unclear, but the filings suggest the IP hasn't been shelved for good.

For now, neither side has laid out concrete plans. Garriott is expected to appear at Dragon Con later this year, where he said he hopes to have "more thoughts together about what that will actually mean." Until then, both paths remain speculative.

Still, the setup is hard to ignore. It's rare for a legacy franchise to reach a point where its original creator and its current owner can move forward at the same time, but under entirely different constraints. If both efforts materialize, Ultima could end up existing in two forms – one tied to its name, the other to its original design philosophy.

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Even if Garriott regains the underlying rights to his original work, EA would still control the Ultima name and associated branding through trademark protection.

In practice, that could leave Ultima heading in two directions at once.
The reporting isn't quite correct here. EA hasn't sold an Ultima-branded product in quite a while: the trademark was thus abandoned. Garriot could have reclaimed it even before the 35-year copyright window ... but EA has itself recently filed a new trademark application, indicating they plan to move forward with another Ultima-branded project. If they fail to however, they surrender the mark.
 
Never played the series, but it stands high up in the history of CRPGs. It's right that Mr. Garriott should get control of his work again.
 
The reporting isn't quite correct here. EA hasn't sold an Ultima-branded product in quite a while: the trademark was thus abandoned. Garriot could have reclaimed it even before the 35-year copyright window ... but EA has itself recently filed a new trademark application, indicating they plan to move forward with another Ultima-branded project. If they fail to however, they surrender the mark.
EA is still selling games under the Ultima brand:
https://www.ea.com/games/ultima/ultima-1-the-first-age-of-darkness
https://www.ea.com/games/ultima/ultima-2-the-revenge-of-the-enchantress
[…]
https://www.ea.com/games/ultima/ultima-7
https://www.ea.com/games/ultima/ultima-8-pagan
https://www.ea.com/games/ultima/ultima-9-ascension
https://www.ea.com/games/ultima/ultima-online
They’ve also continued filing for ownership of the trademark. Therefore it cannot be considered abandoned: https://www.law.cornell.edu/wex/abandonment_(of_trademark)
 
Ultima was wild. Going from a medevil setting to exploring the multiverse. I would love to see another Ultima game even if it's launched under a different name

IX had promise, but it showed that EA mandated changes to it fairly late in development.

Note IX didn't use instanced dungeons, which given the time was an amazing achievement, given even modern games still do this.
 
Ultima has a special place in my heart , My first PC was a 386sx25 and I had Ultima underworld and Ultima 7 on it , that was the HDD full.

And ultima Online was my first MMO , I remember I would talk to NPC's thinking they were players , lol .
 
Ultima has a special place in my heart , My first PC was a 386sx25 and I had Ultima underworld and Ultima 7 on it , that was the HDD full.

And ultima Online was my first MMO , I remember I would talk to NPC's thinking they were players , lol .
My first PC (I bought for myself rather than inherited/work gave me) was a 386 SX-20 - you win! 😀 (I really wanted a DX-33 but it was beyond my means at the time). My pride and joy I bought at the same time was a 15" VGA monitor. Typing DIR at the DOS prompt and seeing how much faster the files scrolled by than my old 286 work PC - happy days!...
 
Remember playing Ultima III on my Atari 8-bit in the 80s. One of the first games I acquired when I finally got a disk drive. Good times.
I did as well, though my family preferred the King's Quest series. We'd sit around the 13" screen, graph paper in had to map it out.
 
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