8-K 1 form8knov172004.txt SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ------------------------------------------------------------------------------- FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of Earliest Event Reported) November 17, 2004 PHOTOWORKS, INC. ------------------- (exact name of registrant as specified in its charter) Washington 000-15338 91-0964899 (State or other (Commission File No.) (I.R.S. Employer jurisdiction of Identification No.) incorporation) 1260 16th Avenue West Seattle, Washington 98119 (Address of principal executive offices and zip code) Registrant's telephone number, including area code: (206) 281-1390 Item 12. Results of Operations and Financial Condition. On November 17, 2004, PhotoWorks, Inc. issued an earnings release announcing its financial results for the 4th quarter and year ended September 25, 2004. A copy of the earnings release is attached as Exhibit 99.1. The information in this Current Report is being furnished and shall not be deemed "Filed" for the purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in the Current Report shall not be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act of 1933, as amended. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized. PHOTOWORKS, INC. By: /s/ Loran Cashmore Bond Loran Cashmore Bond Vice President/Chief Accounting Officer Date: November 17, 2004 INDEX TO EXHIBITS Exhibit No. Description 99.1 Earnings release of PhotoWorks, Inc. dated November 17, 2004