So when is a celebrity sex tape not a celebrity sex tape? Apparently, when it stars Eric Dane and Rebecca Gayheart — at least according to a lawyer for the couple.

In a statement released about the naughty nude clip featuring McSteamy and now-wife Rebecca, along with disgraced beauty queen Kari Ann Peniche, the couple’s legal eagle tries to downplay the lewdness of the taped situation.

Reads the statement from lawyer Marty Singer:

“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.

“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.”

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