Film producer and screenwriter Simon Afram filed the lawsuit on Wednesday, alleging that failed to safeguard the digital cinema package, or DCP, after it was delivered to the streaming company for consideration.
Netflix loses Nicolas Cage’s Fortitude, gets sued for $105 million
According to the complaint, Afram spent seven years developing Fortitude and invested approximately $45 million in the project. the film was sent to Netflix so that the company could assess whether to acquire its distribution rights.
As associate producer reportedly delivered the DCP to Netflix’s office in June. The complaint alleges that the producer later made repeated attempts to arrange the collection of the film but received no response from the company.
More than a week later, Netflix informed the production team by email that the film had been stolen, according to the . The complaint alleges that the unencrypted master ocopy was among several hard drives taken from the office.
The lawsuit argues that the loss has jeopardised the film’s exclusivity and diminished its commercial value by creating the possibility that the unreleased production could be copied, distributed, or leaked online.
Netflix has disputed responsibility, maintaining that the film was delivered without the security measure normally used to protect unreleased content. Sources familiar with the company’s procedures said films are generally shared through links or encrypted DCPs that require a Key Delivery Message to be accessed.
In a statement, Netflix said it was not responsible for the failure to use such safeguards. The company added that it has taken steps to investigate the theft and support the , including monitoring known piracy platforms for any unauthorised distribution.
Afram’s lawsuit, however, argues that his team followed instructions provided by Netflix. The complaint cites guidance from the company stating, “If the DCP is encrypted, please have the keys open from the time the asset lands through EOD on 6/16.”
According to the filing, the associate producer informed Netflix that the DCP was unencrypted and requested that the film be deleted after the screening. Afram’s legal action argues that nevertheless had a duty to keep the material secure and should not have left the drive in an unsecured office area.
Netflix said it was working to address the situation but has reportedly declined to provide detailed information about its internal investigation. The lawsuit alleges that the company has not disclosed whether the theft was reported to police or provided a full account of the circumstances surrounding the missing copy.
The dispute is the latest legal complication involving Fortitude, In 2023, Afram sued filmmaker , alleging that Scorsese had accepted $500,000 to serve as an executive producer but failed to assist in developing the project. Scorsese’s representatives disputed the allegations, and the case was settled out of court in 2024.
There is currently no indication that Fortitude has been leaked online. The lawsuit argues, however, that uncertainty over the missing master copy has already affected the film’s marketability and could undermine future distribution plans.
