This is funny. I live near Portland, Oregon and for a number of years I ran a photography organization and one of the members was Bert. I had him and several lawyers come and give talks on Photographers Rights. the law, copy rights, and what we needed to protect ourselves. Bert and the others would listen to the other members questions and give great advice. I think I did ask Bert about the photograph here. He agreed with you but another lawyer-photographer friend said she was concern that the image had children in it. So, I held back because I have children myself.
A noted street photographer said the same thing that if it was shown as art then I'm clear but again I wanted to absolutely clear with the parents. That same street photographer I mentioned used a photo of a little girl in a pool with a older gentleman on his website. On second look I noticed the girl was my daughter and I wasn't the older gentleman. It didn't bother me but my wife was a little concern. I explained to her, other then she and I and the photographer, who would recognize her?
Back to Bert, I think I have a copy of his book. I'll have to read it again.