Leaked 'Iron Man' Photo Now Subject of Lawsuit - ComicMix news
According to this article:
1. Paparazzi photog shoots a photo of the Iron Man armor while the movie is filming; and the photo is posted online as a leak from the set.
2. Studios force the site running the photo to shut down.
3. Scene near the end of the Iron Man movie features Tony Stark reading a newspaper. The posing and background of a photo on the front page of the paper resemble the picture the photographer took.
4. Photog sues Paramount Pictures and Marvel Entertainment and demands damages for the "use" of his photo. He also asks that the photo be removed from future DVDs or videogames related to Iron Man.
Regardless of the legal considerations (which I haven't researched, and really don't intend to), it's hard to see a judge or jury caring about this tempest.