Nude tape of Dane and Gayheart surfaces

LOS ANGELES, Aug. 17 (UPI) -- A lawyer for Eric Dane and Rebecca Gayheart says he will sue anyone who posts or broadcasts a sexy private tape starring the married U.S. acting couple.

Marty Singer told TMZ the video -- featuring Dane, Gayheart and 2002 Teen USA Kari Ann Peniche with their clothes off is "a private, confidential tape."

"From what I've seen, it's a naked tape, not a sex tape," Singer told the celebrity Web site. "At most, it's three people maybe wanting to have sex."

Dane is a cast member of TV's "Grey's Anatomy" and Gayheart is best known for her work on the 1990s young adult soap "Beverly Hills 90210."