Though debatable, being a superhero doesn't necessarily mean you have to have powers. All that's needed is abilities greater than that of a regular human being, which doesn't necessarily mean mutant powers.
I find The Hulk, The Phantom, and Fantastic 4 to be poor choices for this poll though. True, they are superhero movies, but if those are up there though, Elektra, Daredevil, and Catwoman might aswell be too...
X-Men movies aren't even a choice, neither is Hellboy, or The Mask, or Van Helsing, or Sin City? Absolutely no offense intended, but ony three of those choices can contend with the best superhero movies, and all the others are flops...
I'd really have to classify Batman in the Hero category. Don't get me wrong, I love Batman, but there's really nothing super about him. I guess I think differently. For me, there's two classifications, Hero and then Superhero.