Netflix hit with $105 million lawsuit after allegedly losing unreleased Nicolas Cage film
Netflix is facing a $105 million lawsuit after an unreleased World War II movie starring Nicolas Cage was allegedly stolen from its offices before the company decided to acquire the film.
According to a report by Variety, producer Simon Afram claims Netflix lost an unencrypted copy of Fortitude, a project he says took seven years and around $45 million to develop.
According to the lawsuit, the missing copy has put the movie's commercial value at risk because its exclusivity may have been compromised.
Netflix disputes the allegations, arguing the film was supplied without the industry-standard security measures normally used when sharing unreleased movies.
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According to the lawsuit, Afram's team delivered a Digital Cinema Package (DCP) to Netflix's headquarters in June so executives could screen the film while considering a distribution deal.
How was the film allegedly stolen?
The complaint says an associate producer later attempted to collect the drive, but was unable to do so after repeated attempts to arrange its return.
More than a week later, the lawsuit claims that Netflix confirmed by email that the drive had been stolen.
Afram includes an email attributed to Sean Berney, Netflix's director of original film, which allegedly reads: "This is a first for us."
The email continues: “Unfortunately, someone stole a good amount of drives from our office desks this past week. We've been working through this with our security teams to no luck.”
Afram argues Netflix failed to properly protect the film after taking possession of it, claiming the company should not have left the drive in an unsecured office area where it could be taken.
The lawsuit also claims Netflix has declined to provide details of its internal investigation or confirm whether law enforcement was notified following the reported theft.
What has Netflix said about the missing movie?
In a statement responding to the lawsuit, Netflix said it does not believe it is legally responsible because the copy of the film was not protected using standard security procedures.
The company said: “Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards.”
According to Netflix, unreleased films are typically provided either through password-protected digital links or encrypted DCP files that require a separate security key before they can be viewed. However, Afram's lawsuit argues his team followed Netflix's own delivery instructions.
The complaint says the associate producer informed Netflix that the DCP was unencrypted and requested the copy be deleted after the screening had taken place.
Netflix also said it has taken steps to reduce any potential impact despite not owning the film.
The company stated: “While we do not own the rights to Fortitude, we take content security seriously and have taken extra measures to support the filmmaker and his team.”
It added that those efforts include investigating what happened and monitoring known piracy websites for any unauthorized release or sale of the movie.
According to Netflix, there is currently no indication the film has appeared online.
The legal dispute is the latest setback for Fortitude, which has already faced a difficult production journey.
In 2023, Afram sued director Martin Scorsese, alleging he accepted $500,000 to serve as an executive producer before failing to meaningfully support the project. That case was later settled outside of court.
Netflix has also criticized Afram's handling of the dispute, saying it has not shared details from its ongoing investigation because of what it described as 'hostile attempts to extort money from Netflix', while alleging the producer initially demanded $165 million before filing the current lawsuit seeking $105 million.
UNILAD has approached Netflix and Simon Afram for comment.
Topics: Film and TV, Entertainment
Thomas Bamford