Netflix Sued for $105 Million Over Alleged Loss of Unreleased Nicolas Cage Film ‘Fortitude’

Streaming giant Netflix is facing a $105 million lawsuit after the producers of the unreleased World War II film Fortitude, starring Nicolas Cage, alleged that the company lost a copy of the movie that had been submitted for acquisition consideration.

The lawsuit, filed in a California federal court by writer and producer Simon Afram and his production company Op-Fortitude, claims Netflix’s handling of the film has significantly damaged its commercial value and jeopardized future distribution opportunities.

Filmmakers Allege Missing Copy Hurt Film’s Market Value

According to the complaint, a master copy of Fortitude featuring Nicolas Cage was delivered to Netflix headquarters on June 15 via a hard drive after discussions regarding a possible acquisition of the film’s distribution rights.

The lawsuit alleges that the hard drive was among several storage devices stolen from Netflix offices shortly after delivery. Simon Afram claims his team was not informed immediately and only learned about the theft after repeated attempts to retrieve the drive.

The producers argue that the film’s disappearance has created uncertainty among potential buyers. They claim any future negotiations would require disclosure that a master copy had been stolen, raising concerns over piracy risks, insurance coverage and exclusivity factors they believe could substantially reduce the film’s market value.

Simon Afram is seeking $105 million in damages, stating that the project took seven years to complete and required an investment exceeding $45 million.

Star-Studded Cast Headlines WWII Thriller

Fortitude features an ensemble cast led by Nicolas Cage, alongside Ben Kingsley, Ron Perlman, Michael Sheen, Matthew Goode, Lukas Haas, and Alice Eve.

The film has been described as a World War II action drama inspired by real events, blending high-stakes military storytelling with elements of heist films. Producers have compared its tone to a mix of Ocean’s Eleven and Inglourious Basterds.

Despite the prominent cast and years of development, the film has yet to secure a distribution agreement.

Dispute Centers on Security Procedures

A key issue in the lawsuit is whether Netflix exercised appropriate care after receiving the hard drive.

The complaint alleges that Netflix employees were informed the digital cinema package (DCP) was not encrypted. According to court filings, the filmmakers instructed Netflix to delete the files after the screening, with the hard drive scheduled to be collected afterward.

The producers argue that Netflix accepted responsibility for safeguarding the material while it remained on company premises and should have ensured it was stored securely instead of being left vulnerable to theft.

The lawsuit also claims the filmmakers filed a report with the Los Angeles Police Department following the incident.

Netflix Rejects Liability

Netflix has strongly disputed the allegations and maintains that it should not be held responsible for losses involving content delivered without standard security protections. In a statement, the company said it takes content security seriously but argued that the film was supplied without industry-standard safeguards, including encryption that is commonly used for unreleased productions.

Netflix also said it has cooperated with the filmmakers by conducting an internal investigation into the theft and offering to monitor piracy websites for any unauthorized distribution of the film.

According to the company, there is currently no indication that Fortitude has leaked online.

Netflix further stated that it has declined to provide details of its ongoing investigation to Afram’s legal representatives, citing what it described as aggressive financial demands made shortly after the incident.

A Film With Previous Legal Challenges

The latest lawsuit adds another chapter to the film’s complicated production history.

In 2023, Simon Afram filed a separate legal action involving acclaimed filmmaker Martin Scorsese, alleging that the director failed to fulfill obligations connected to the project after agreeing to serve as an executive producer. That dispute was eventually resolved through an out-of-court settlement.

Now, the focus has shifted to Netflix, with Afram arguing that the loss of the master copy threatens the film’s commercial future before it has even reached audiences.

Legal Battle Could Highlight Industry Content Security Standards

The lawsuit raises broader questions about how studios and streaming platforms manage sensitive, unreleased content during acquisition discussions.

As digital distribution increasingly replaces physical media, entertainment companies rely heavily on encryption, secure transfers and strict chain-of-custody procedures to protect high-value productions. The outcome of this case could influence future practices surrounding the handling of unreleased films submitted to distributors.

For now, Fortitude remains unreleased, while the legal dispute between its producers and Netflix is expected to determine who bears responsibility for the missing copy and whether the filmmakers are entitled to the substantial damages they are seeking.