A tape of who appears to be “Grey’s Anatomy” star Eric Dane, his wife Rebecca Gayheart, and another woman — reportedly former Miss United States Teen Kari Ann Peniche — together in a nude video has spread online, but a lawyer for the couple said the tape should “not be used for any commercial purposes.”

“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,” Dane’s lawyer Marty Singer said in a statement.

Singer said “although the participants are nude, the tape is not a ‘sex tape’. Blogs have described the tape as a “threesome video.” Watch the video here.