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This rule means that when a film is adapted from a previously produced stage musical, none of the existing songs from the musical are eligible.
As a result, many recent film adaptations of musicals have included original songs which could be nominated, such as "You Must Love Me" in the 1996 film Evita (won award), and "Listen", "Love You I Do", "Patience" in the 2006 film Dreamgirls and "Suddenly" in the 2012 film Les Misérables.
"Falling Slowly" had been released on two other albums – The Swell Season, Hansard and Irglova's duo project, and The Cost, by Hansard's band The Frames.
When neither of those is able to do so (or in rare cases where the telecast producers decide to go with someone else), the Academy chooses more well-known entertainers to perform the song at the ceremony.
For example, Robin Williams performed "Blame Canada" from South Park: Bigger, Longer & Uncut at the 72nd Academy Awards instead of the film's voice actors, Trey Parker and Mary Kay Bergman (Bergman died a few months before the show).
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. 8 on the best seller list before it was used in the film.