Netflix is facing a $105m lawsuit after a hard drive containing an unreleased Nicolas Cage war thriller was stolen from its Los Angeles office. The theft involved several hard drives, one of which held a copy of the second world war spy thriller Fortitude. The makers of the $45m-budget film are now suing the streaming giant over the loss.
Netflix disputes any claim that it bears the risk of loss for a film delivered without proper industry-standard safeguards. A spokesperson told the Hollywood Reporter that the company takes content security seriously and has taken extra measures to support the film-maker and his team. That includes a thorough investigation and offering to monitor known piracy sites for any unauthorized distribution or sale.
Netflix reportedly received a copy of Fortitude in June after expressing interest in promotional materials at the end of last year. A digital copy was sent for internal screening, with producers instructing Netflix to delete the files afterward. Sean Berney, head of Netflix film acquisitions, wrote in an email that the theft was a first for the company. “We’ve been working through this with our security teams to no luck,” he said. “Our piracy teams are on high alert with the breach and will monitor.”
Now the lawsuit accuses Netflix of failing to disclose whether a police report was initially filed. It also says Netflix declined a request by the film-makers to involve the LAPD after they filed their own report. The lawsuit claims any future sale of Fortitude has been put in jeopardy, with international release strategies and awards campaigns paused.
“The resulting damage to plaintiffs is profound,” the lawsuit states. “Through its mishandling of the film and subsequent dismissiveness, Netflix has jeopardized 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.”
Fortitude is a London-set espionage thriller about British intelligence operatives changing the course of the second world war. Cage stars alongside Matthew Goode, Michael Sheen and Ben Kingsley. The film is directed by Simon West, whose previous credits include Tomb Raider and The General’s Daughter. Martin Scorsese was at one point attached to the project, but later faced a lawsuit claiming he took $500,000 from first-time screenwriter Simon Afram to help develop the film and failed to do so. Scorsese’s lawyers called it a “classic example of the novice film-maker who refuses to appreciate the stark difference between expectation and reality in the film-making business.” The case was later settled.
Afram said in a statement: “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 recognized. It represents the moment these artists have earned.”