Academy Award For Best Original Song - Requirement For Nomination

Requirement For Nomination

The original requirement was only that the nominated song appear in a motion picture during the previous year. This rule was changed after the 1941 Academy Awards, when "The Last Time I Saw Paris", from the film Lady Be Good, with music by Jerome Kern and lyrics by Oscar Hammerstein II, won. Kern was upset that his song won because it had been published and recorded before it was used in the film. The song was actually written in 1940, after the Germans occupied Paris at the start of World War II. It was recorded by Kate Smith and peaked at number 8 on the best seller list before it was used in the film Lady Be Good. Kern got the Academy to change the rule so that only songs that are "original and written specifically for the film" are eligible to win.

Songs that were published prior to a film's production having nothing to do with the film, such as "Unchained Melody" in the 1990 film Ghost and "I Will Always Love You" in the 1992 film The Bodyguard, cannot qualify (although "Unchained Melody" was nominated when first released for the 1955 film Unchained). In addition, songs that rely on sampled or reworked material, such as "Gangsta's Paradise" in the 1995 film Dangerous Minds, are also ineligible.

When a film is adapted from a previously-written stage musical, none of the songs from the stage version of the musical (and other sources) are eligible. As a result, many recent film adaptations of stage musicals have included original songs which could be nominated, such as "You Must Love Me" in the 1996 film Evita, and "Listen", "Love You I Do" and "Patience" in the 2006 film Dreamgirls.

There was a debate as to whether or not Glen Hansard and Marketa Irglova, who were awarded the Oscar in 2008 for "Falling Slowly", were in fact eligible. "Falling Slowly" has been released on two other albums — The Swell Season, Hansard and Irglova's duo project and The Cost, by Hansard's band The Frames. The Swell Season was released in August 2006, and The Cost in February 2007, before the release of Once. However, the AMPAS music committee determined that, in the course of the film's protracted production, the composers had "played the song in some venues that were deemed inconsequential enough to not change the song's eligibility". The same issue arose two years earlier with "In the Deep" from Crash, which appeared on Kathleen "Bird" York's 2003 album The Velvet Hour after being written for Crash, but before the film was released.