Eric Dane and Rebecca Gayheart Eric Dane and Rebecca Gayheart

After a video surfaced online of Grey's Anatomy star Eric Dane, his wife, actress Rebecca Gayheart and another woman nude together, the couple's attorney said the tape is not meant for public consumption and that the footage does not constitute a sex tape.

"This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public," Marty Singer said in a statement. "Although the participants are nude, the tape is not a 'sex tape.' It is a private tape made for only my clients' personal use, and nobody has the right to exploit it. If anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability."

See photos of Dane and Gayheart

The third person in the 12-minute video is former Miss Teen USA Kari Ann Peniche, who was stripped of her title after posing for Playboy

. Peniche was also once engaged to newly announced Dancing with the Stars contestant Aaron Carter — for exactly one week in 2006.In an edited clip posted on Defamer, the three appear fully nude as they pass around a camera and discuss their porn names. At one point, Gayheart says she has to lie down because she's "very high."'s email to Peniche's rep was not immediately returned.