Highlights
- Film-makers behind Fortitude are suing Netflix for £79 million after a hard drive containing the unreleased film was allegedly stolen.
- The lawsuit claims the theft has jeopardised the film's commercial release, awards campaign and £34 million investment.
- Netflix denies responsibility, saying the film was delivered without industry-standard safeguards and that it has supported the investigation.
The producers of the unreleased Nicolas Cage thriller Fortitude have filed a £79 million lawsuit against Netflix, alleging the streaming giant's handling of a stolen hard drive has placed the film's future in jeopardy.
The legal action follows the reported theft of multiple hard drives from Netflix's Los Angeles office, including one containing a digital copy of the completed Second World War espionage film. The producers argue the incident has disrupted international sales, halted awards plans and significantly reduced the value of the project.
Why the producers are suing Netflix
According to the lawsuit, Netflix received a digital copy of Fortitude in June after expressing interest in reviewing promotional materials late last year. The film-makers say the copy was supplied solely for internal screening purposes, with instructions that the files be deleted afterwards.
Instead, the lawsuit alleges the hard drive containing the film was stolen during a security breach at Netflix's Los Angeles offices.
The producers claim Netflix failed to adequately protect the copy and did not properly respond after the theft. Court filings also allege the company did not initially disclose whether a police report had been filed and later declined a request from the film-makers to involve the Los Angeles Police Department after they submitted their own report.
The lawsuit argues these actions have left the project commercially vulnerable, claiming any future sale of the film has been compromised because of the risk of piracy and unauthorised distribution.
It further states that the incident has forced plans for an international release and an awards campaign to be paused, putting at risk more than £34 million invested in the production.
In court filings, the producers argue Netflix's handling of the incident has deprived the cast and creative team of the opportunity to bring the film to audiences and gain industry recognition through a full global release.
Netflix rejects liability over the stolen film
Netflix has denied it bears responsibility for the loss.
In a statement, the company said it disputes any claim that it assumed the risk for a film delivered without what it described as "proper industry-standard safeguards". Netflix also noted that it does not own the rights to Fortitude.
The streamer said it conducted a thorough internal investigation following the theft and offered to monitor piracy websites for any unauthorised release or attempted sale of the film.
An internal email from Sean Berney, Netflix's head of film acquisitions, reportedly described the theft as unprecedented for the company. He said security teams had been unable to recover the missing drive and confirmed anti-piracy teams were monitoring for any signs of the film appearing online.
What is Fortitude and why the case matters?
Fortitude is a London-set espionage thriller centred on British intelligence operatives attempting to alter the course of the Second World War.
The film stars Nicolas Cage alongside Matthew Goode, Michael Sheen and Ben Kingsley, and is directed by Simon West, known for films including Lara Croft: Tomb Raider and The General's Daughter.
Writer Simon Afram said he spent seven years bringing the true story to the screen, adding that the project belongs not only to him but also to the cast and crew whose work deserves to be seen.
The project has faced legal challenges before. Director Martin Scorsese was previously involved in a separate lawsuit over his earlier association with the film's development. That dispute, which alleged he accepted development funding without fulfilling agreed work after receiving around £376,000, was later settled.
The latest case, however, centres on whether Netflix's handling of confidential screening materials and its response to the theft caused financial and reputational damage significant enough to justify the producers' £79 million claim.
