The oil level needs to be low enough to clear the whirling crankshaft and cyclone of air that rotates with it. I believe this is the relevance of the dipstick mark. Checking it cold may show a higher level, because all the splashed oil will go back to the sump. But, what matters is how it will be run in a normal operating regime. If you check the oil meet the proper level when hot, there is no risk of overfilling it, imo. Even if the oil goes above the mark when cold, it will be back where it should be very shortly after start up, clearing the whirling crank.