Synopsis of Agreement
Between Contributor and Phototake

Do I sign an exclusive agreement?
We are flexible - a contributor can be represented by more than one agency, but we are "image-exclusive" - that is, we are the exclusive licensee for any image that is in our archive.

Can I sell my own material?
You cannot sell images published in Phototake catalogs, but you are free to sell others as long as your sale is not in derogation to any exclusive rights that Phototake has negotiated. For example, if Phototake has sold rights to an image in a specific market or industry to an ad agency for a trade ad, then you are obligated by the terms of that sale. Likewise, if you make an exclusive sale on an image that Phototake also has in its library, be sure to let us know the terms of that arrangement before the deal is sealed.

What is the term of the contract?
The term is five years.

How do I arrange to renew my contract with Phototake?
The contract renews automatically. If you want to withdraw from Phototake, you can write a letter at least 60 days prior to the expiration date telling us you want to withdraw, and send it by registered or certified mail.

How do you report sales to contributors?
Phototake issues quarterly sales reports with invoice number, client name (coded), usage, market area (e.g., national, foreign, etc.), market type, our identification number and your reference number (if you use reference numbers, which we suggest) for the licensed image, and the client's fee.

How will Phototake protect my copyright?
Phototake is an active member of PACA (Picture Agency Council of America) and follows the guidelines of this trade association. In addition, Phototake employs the services of PicScout, a company that traces unauthorized use of images on the Web. Any copyright infringement by any kind of art buyer is addressed through PACA or Phototake's legal representative. Phototake recommends that all contributors register their work with the copyright office in Washington, D.C., website: http://www.copyright.gov/

How are pictures selected?
Phototake identifies highly marketable pictures, animations and videos as soon as they cross our threshold. We prioritize these "A" images, prepare them for use on Phototake's website and scan them for the library to put them in front of clients quickly, often, and in as many venues as we have at our disposal.

How we distinguish "A" images:
- Exceptional images of subject matter relating to our specialties presented in a clear and concise manner are given the highest priority.
- Composition, lighting, and originality are also considered, and humor or quirkiness can make an image special.
- Model and property releases make images salable for non-editorial usage.

A clear description of the subject matter is of high importance in identifying subjects that are of interest. To best describe your work, indicate the main subject, medical or scientific significance, and any concept. Indicate model releases or property releases where applicable. For more information, please see our Submission Guidelines:
- Still images: http://www.phototakeusa.com/guidelines.pdf
- Video or animation: http://www.phototakeusa.com/vguidelines.pdf

Does Phototake deduct anything from the sales report?
Upon agreement, Phototake will deduct fees for inclusion in its catalog. The fees vary according to the actual cost.

Phototake also assesses fees for scanning transparencies, entering and editing captions, and for encoding video from tape to digital files. You can avoid these fees completely if you submit according to our Submission Guidelines (see above links).

Can I get references for Phototake?
Of course. Ask, and we'll give you the names and contact information for three contributors who currently work with us.

    FOR MORE INFORMATION, PLEASE CONTACT:
    Yoav Levy, President
    Tel: 212/736-2525
    Fax: 212/736-1919
    Website: www.phototakeusa.com