"Luminaires located within the actual outside dimension of the bathtub or shower to a height of 2.5 m (8 ft) vertically from the top of the bathtub rim or shower threshold shall be marked for damp locations, or marked for wet locations where subject to shower spray."

My bold. I don't think they have to be rated/marked for damp location, because they aren't "within the actual outside dimension of the bathtub".

Well, I guess they could be, after viewing the photo again. Hard to tell.

I'm not saying it's a good idea. Just trying to interpret the code.