Filmmakers Sue Netflix After Hard Drive Theft Allegedly Jeopardises $45 Million War Thriller

Netflix is facing a lawsuit from the producers of the upcoming World War II espionage film Fortitude after a hard drive containing a copy of the movie was reportedly stolen from one of the streamer’s Los Angeles offices.

The theft involved several hard drives, including one that allegedly contained the $45 million production, prompting the filmmakers to accuse Netflix of mishandling the incident and putting the film’s commercial future at risk.

Netflix denies responsibility

In a statement shared with The Hollywood Reporter, Netflix rejected claims that it should be held liable for the loss.

“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” a company spokesperson said.

The streaming giant noted that although it does not own the rights to Fortitude, it has taken the matter seriously.

“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. This includes conducting a thorough investigation and offering to monitor known piracy sites for any unauthorised distribution or sale.”

Film was sent for internal review

According to reports, Netflix received a digital copy of the film in June after expressing interest in promotional materials late last year.

The producers say the copy was provided solely for internal screening, with instructions that the files be deleted once the review process was complete.

Sean Berney, Netflix’s head of film acquisitions, reportedly described the incident as unprecedented for the company.

“We’ve been working through this with our security teams to no luck,” he wrote in an email. “Our piracy teams are on high alert with the breach and will monitor.”

Producers accuse Netflix of mishandling theft

The lawsuit alleges that Netflix failed to promptly disclose whether a police report had been filed following the theft. It also claims the company later declined a request by the filmmakers to involve the Los Angeles Police Department, forcing the producers to file their own report.

The filmmakers argue that the incident has jeopardised future distribution plans, with international release strategies and awards campaigns now reportedly on hold.

According to the lawsuit, the financial and reputational impact has been significant.

“The resulting damage to plaintiffs is profound,” the lawsuit states. “Through its mishandling of the film and subsequent dismissiveness, Netflix has jeopardised plaintiffs’ investment of over $45m and the significant value of the film itself. Netflix has also deprived the film, its cast and its creators of the opportunity to bring their work to market and receive recognition that a properly marketed worldwide release likely would have generated.”

About Fortitude

Fortitude is a London-set spy thriller centred on British intelligence operatives working to influence the outcome of the Second World War.

The film stars Nicolas Cage alongside Matthew Goode, Michael Sheen and Ben Kingsley, and is directed by Simon West, whose previous credits include Tomb Raider and The General’s Daughter.

Project previously faced legal dispute

The film had earlier been linked to another legal battle involving acclaimed director Martin Scorsese, who was initially attached to the project.

Screenwriter Simon Afram previously sued Scorsese, alleging the director accepted $500,000 to help develop the film but failed to fulfil the agreement. Scorsese’s legal team dismissed the claims, describing them as “a classic example of the novice filmmaker who refuses to appreciate the stark difference between expectation and reality in the filmmaking business.” The dispute was later settled.

Reflecting on the project’s long journey, Afram said:

“I spent seven years of my life bringing this incredible true story to the screen. But this film was never mine alone. It belongs to the extraordinary cast and their performances of a lifetime that deserve to be seen and recognised. It represents the moment these artists have earned.”