Faces on covers of erotica

I keep reading you should not use faces on the cover of erotica because you might get sued. When I browse erotica titles on Amazon they have faces. I read that depositphoto allows their use if the picture is keyword sexy. I have published 3 short erotica. 1 cover has a face. 2 covers face is cropped out. Is the author just covering their ass when saying not to use a face? Some of the faces at depositphoto could have no other purpose other than erotica

Source: reddit.com/r/eroticliterature/comments/kjs43s/faces_on_covers_of_erotica