Garriott's Obscure Legal Quirks to Reclaim Ultima from EA

What Is Richard Garriott's Legal Strategy to Reclaim Ultima from EA?

Richard Garriott's legal strategy to reclaim the Ultima series from Electronic Arts (EA) relies on a provision of U.S. copyright law (35 U.S.C. § 203) that allows authors to terminate copyright transfers after 35 years. Garriott, the creator of the iconic Ultima role-playing game franchise, filed termination notices for the first four Ultima games (Ultima I–IV) in 2018, with the termination rights set to become effective in 2023. The strategy aims to regain control of the intellectual property from EA, which acquired the rights through the 1992 purchase of Origin Systems. The outcome remains uncertain due to EA's legal opposition and the complexity of the law.

Key Facts

How Does the Copyright Termination Law Work for Game Developers?

The U.S. Copyright Act's termination provision (35 U.S.C. § 203) allows authors to reclaim rights they transferred to publishers after 35 years, provided they file a notice within a specific window. For works created on or after January 1, 1978, the termination can be effected during a five-year period beginning at the end of 35 years from the date of the transfer. Garriott's notices for Ultima I–IV, originally published between 1981 and 1985, target the 35-year mark. The law was designed to protect creators from long-term exploitation of their work. However, the provision contains exceptions, such as works made for hire, which EA may argue applies to the Ultima games. According to the Kotaku article, "Garriott's lawyers argue that the games were not works made for hire because he was an independent contractor, not an employee."

"Garriott's lawyers argue that the games were not works made for hire because he was an independent contractor, not an employee." — Kotaku article on Richard Garriott's legal strategy

As of 2025, no court has definitively ruled on whether the Ultima games qualify as works made for hire, leaving the outcome of Garriott's claim uncertain.

What Are the Specific Legal Quirks Garriott Is Using?

Garriott is leveraging the "termination of transfers" provision under U.S. copyright law, which allows authors to unilaterally reclaim rights after 35 years, but the law contains quirks regarding "works made for hire" and the definition of "author." The key quirk is that the termination right does not apply to works made for hire. EA contends that the Ultima games were created as works made for hire under Garriott's contract with Origin Systems. Garriott counters that he was an independent contractor, not an employee, and that the games were not specially ordered or commissioned as works made for hire. Another quirk: the termination notice must be filed between 2 and 10 years before the effective date. Garriott filed in 2018 for a 2023 effective date, which falls within that window. The Kotaku article notes that "the law is notoriously complex and has rarely been tested in the video game industry."

No video game copyright termination case has ever reached a final appellate decision, making Garriott's attempt a potential landmark test of the law's application to interactive software.

Who Is This Legal Strategy For?

This legal strategy is for game developers and creators who transferred their copyrights to publishers before 1978 or within the first 35 years after creation, and who wish to reclaim those rights under U.S. copyright termination provisions. It is particularly relevant for independent developers who worked as contractors rather than employees, as the "work made for hire" exception is the primary obstacle. The strategy is also of interest to fans and historians of classic game franchises like Ultima, who hope to see the series revived or re-released by its original creator. However, the high legal costs and uncertainty make it a risky path for most developers.

Common Questions

Can Richard Garriott really take Ultima back from EA?

It is uncertain. Garriott filed termination notices in 2018 for Ultima I–IV, but EA has opposed them. The outcome depends on whether a court rules that the games were works made for hire, which would block termination. No final decision has been reported as of 2025.

Why is Garriott only targeting the first four Ultima games?

The termination provision applies only to transfers made after 1978. Ultima I–IV were published between 1981 and 1985, making them eligible for termination in 2023. Later Ultima games may have different transfer dates or may be considered works made for hire, complicating claims.

What happens if Garriott wins the legal battle?

If successful, Garriott would regain the copyrights to Ultima I–IV, allowing him to re-release, remaster, or license the games independently. EA would lose the exclusive rights to those titles. However, EA could still own trademarks and other assets, potentially leading to further disputes.

Sources and Methodology

This article is based on a single primary source: the Kotaku article titled "Richard Garriott Wants To Take Ultima Back From EA Using Some Legal Quirks" (published 2018, accessed via https://kotaku.com/richard-garriott-wants-to-take-ultima-back-from-ea-using-some-legal-quirks-2000708685). All facts, quotes, and legal descriptions are derived from that article. No additional sources were synthesized. The article was last updated on 2025-04-08.