For the first time in 21 years, the Academy of Motion Picture Arts & Sciences has decided to rescind the nomination of controversial Best Original Song nominee “Alone Yet Not Alone.” After information surfaced that composer Bruce Broughton may have used his influence and status as a former governor of the Academy’s Music Branch, the Academy decided to rescind the song’s nomination, but will not replace the nomination.

The last time this occurred was in 1992 when Uruguay submitted A Place in the World for Best Foreign Language film and it was nominated for the Oscar. Shortly after the nomination was announced, it was revealed that one of the key requirements for consideration in the category was not met. Academy rules specifically stated that the film must have sufficient numbers of submitting-country artists working on the film. The film had been produced in neighboring Argentina, but its director was upset by the Argentine decision to submit a different film and persuaded Uruguy’s director of Cinematheque of Uruguay to submit the film. Since it was primarily produced and artistically controlled by Argentina, the Academy declared it ineligible and removed the film from the list. In that situation, the film was also not replaced as a nominee.

Two other instances of disqualifications have been made in Academy history. Previously, 1967 (nominated for 1968) documentary Young Americans won the Oscar, but was later ruled ineligible because it had opened prior to the Academy’s eligibility period. A new winner was then selected, Journey Into Self, the first runner-up. The other was in 1972 when The Godfather was nominated for Best Original Score, but it was later determined that composer Nino Rota had borrowed the signature theme from other sources. In this case also, the nomination was replaced, this time by the film Sleuth.

History lesson aside, you have to feel sorry for lyricist Dennis Spiegel and the song’s singer Joni Eareckson Tada who likely would have been asked to perform at the Oscars. Because of Broughton’s indiscretion, Spiegel loses his designation as an Oscar nominee and Tada won’t be able to perform at the Oscars. While the film looked horrendously racist, the song wasn’t particularly good and I complained about the nomination shortly after it was announced, I can’t help but feel a pang of sympathy for them. Perhaps the Academy would be kind enough to permit the song to be performed on the Oscars even though it won’t be eligible. It would at least be a nice gesture.

I did further research this morning (1/30/14) and found these other instances of disqualifications, replacements and withdrawals:

In 1931/32, Comedy Short Subject “Stout Hearts and Willing Hands” was disqualified and replaced by short “Scratch-As-Catch-Can” with no documentation as to why.

In 1941, the nomination for “Sis Hopkins” in Art Direction was withdrawn by Republic Studios.

In 1941, “The Sea Wolf” was removed from the list of nominees for Best Special Effects and replaced by “Dive Bomber” with the same credited nominees. No explanation was ever given.

In 1944, the production company of “Song of the Open Road” did the same thing in the Art Direction category.

In 1949, the short “Canary Row” was withdrawn by the producer in the Animated Short Subject category.

In 1953, “Hondo” was nominated for Motion Picture Story, but the producer and the author (Louis L’Amour) questioned its entry as an original sine it was based on an article in Collier’s magazine. The Academy agreed to remove the film from the nomination list.

In 1956, Bowery Boys short “High Society” was nominated for Motion Picture Story, but its credited authors asked to have the nomination removed because they suspected their short was confused with the Bing Crosby/Grace Kelly/Frank Sinatra film of the same name. The authors withdrew, not the Academy.

In 1963, an actual disqualification occurred when Terminus was declared ineligible after being released prior to the eligibility period.

In 2011, Live Action Short Film “Tuba Atlantic” had its nomination rescinded after the awards ceremony because it had been released on Norwegian television prior to the eligibility period.

The full press release is below.

Academy Rescinds Original Song Nomination For “Alone Yet Not Alone”

BEVERLY HILLS, CA — On Tuesday night, the Academy’s Board of Governors voted to rescind the Original Song nomination for “Alone Yet Not Alone,” music by Bruce Broughton and lyric by Dennis Spiegel. The decision was prompted by the discovery that Broughton, a former Governor and current Music Branch executive committee member, had emailed members of the branch to make them aware of his submission during the nominations voting period.

“No matter how well-intentioned the communication, using one’s position as a former governor and current executive committee member to personally promote one’s own Oscar submission creates the appearance of an unfair advantage,” said Cheryl Boone Isaacs, Academy President.

The Board determined that Broughton’s actions were inconsistent with the Academy’s promotional regulations, which provide, among other terms, that “it is the Academy’s goal to ensure that the Awards competition is conducted in a fair and ethical manner. If any campaign activity is determined by the Board of Governors to work in opposition to that goal, whether or not anticipated by these regulations, the Board of Governors may take any corrective actions or assess any penalties that in its discretion it deems necessary to protect the reputation and integrity of the awards process.”

An additional nominee in the Original Song category will not be named. The remaining nominees in the category are:

“Happy” from “Despicable Me 2”
Music and Lyric by Pharrell Williams

“Let It Go” from “Frozen”
Music and Lyric by Kristen Anderson-Lopez and Robert Lopez

“The Moon Song” from “Her”
Music by Karen O; Lyric by Karen O and Spike Jonze

“Ordinary Love” from “Mandela: Long Walk to Freedom”
Music by Paul Hewson, Dave Evans, Adam Clayton and Larry Mullen; Lyric by Paul Hewson

The members from each of the Academy’s branches vote to determine the nominees in their respective categories – actors nominate actors, film editors nominate film editors, musicians and composers nominate song and score.

During the nominations process, all 240 voting members of the Music Branch received a Reminder List of works submitted in the Original Song category and a DVD copy of the song clips with film and song title only (additional information including composer and lyricist is not provided). Members were asked to watch the clips and then vote in the order of their preference for not more than five nominees in the category. A maximum of two songs may be nominated from any one film.

Academy Awards® for outstanding film achievements of 2013 will be presented on Oscar® Sunday, March 2, 2014, at the Dolby Theatre® at Hollywood & Highland Center® and televised live on the ABC Television Network. The Oscars, produced by Craig Zadan and Neil Meron, also will be televised live in more than 225 countries and territories worldwide.