The Spider-man 2 poster is more effective; one huge problem I have with the TDK poster is the reflection of the city. Isn't Batman standing in a building that's elevated? There would be no reflection on the floor.
I also have a few issues with the SM2 poster. First of all, why is his mask off?
There's no real reason for that other than the inability to make the back of a masked Spidey's head work.
2nd, I don't like the exaggerated elevation of his position. It's unnecessary. I'd like to see him from an actual vantage looking over a sea of individuals; not traffic or buildings whose lights are displayed in the daytime.
It also works better without the 'CHOICE'. Sometimes, no word(s) is/are just as if not more effective.
Yeah, it's nitpicking, but I give it to SM2 because the TDK poster reminds me of Star Wars. That building has floors as shiny as the Death Star: Impossible.
If you used the two best posters from these films, TDK would probably win. The 'A World Without Rules' poster was one of the best I've seen in marketing for a comic book film. It embodied anarchy, chaos, loneliness, and struggling in the same visual. Not bad.
However, for these two choices, I'm SM2 vote number 13.