Eric Dane and Rebecca Gayheart
08/17/2009 AT 10:30 PM EDT
A video showing Grey's Anatomy
star Eric Dane, his wife Rebecca Gayheart and another women in apparently compromising positions is ancient history and had better not be used for commercial purposes, says an attorney for the married couple.
In a statement released Monday evening, the actor's lawyer, Marty Singer, said of the tape being widely discussed
and shown over the Internet: "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."
The statement continues: "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."
The third woman in the video reportedly is Kari Ann Peniche, who in 2002 was crowned Miss Teen USA but was later stripped of the title after posing for Playboy