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JSF said:
If someone puts out a comic book where fictional superhero characters (such as Spiderman) have a fictional fistfight inside the Empire State Building, and the artist did his research and depicts the setting just like the real thing, they should be sued?

Should they or could they sue are two different questions. Theoretically I think it could be possible. Realistically from a PR and financial standpoint, it would probably be terrible.