User blog comment:Jayne23m1998/Problem in the Avengers/@comment-5447843-20121010045246

Well firstly, Spiderman wasn't a founding member of the Avengers; you're thinking New Avengers.

Secondly, and most importantly, the film rights to the amazing/fantastic/astonishing etc. etc. etc. do not belong to Marvel, as is such with the Daredevil franchise (i believe)

This being said, the spiderman films (Both versions) do not take place in the Marvel film universe continuity (Earth-199999)