"There wasn't anything close to sex in it," Lopez's attorney John Lavely tells PEOPLE. "We never alleged that. But it's still private and personal to my client."
A Los Angeles judge agreed Tuesday, upholding a ruling that Lopez's ex, Ojani Noa, is forbidden from using 11-plus hours of home video – 20 percent of which allegedly features Lopez – for a mockumentary about his life as a Cuban immigrant, previously titled How I Married Jennifer Lopez: The JLo and Ojani Noa Story.
"They're trying to stop me from making my documentary and I'm fighting for my rights," said Noa outside the courtroom. "They're not being fair." The aspiring actor and model denies he ever tried to peddle the footage as a sex tape.
The footage has scenes from the ex-couple's marriage in Florida and honeymoon in Cuba, Noa's film partner Claudia Vazquez tells PEOPLE, but the project was misrepresented by a tabloid as being sexual, she says. Vazquez adds the project's title has since been changed to The Escape in reference to Noa having fled his home country.
Noa, 35, who's also being sued for $10 million by Lopez for breach of contract, insists that two confidentiality agreements he previously signed about their relationship "should be voided" because he claims he was taken advantage of and was misinformed.
He said he plans to take the videotape case to trial.