Herb Magidson while under contract to Warner Bros. to write music for films. In 1934, he won the first Academy Award for Best Original Song along with Con Conrad for his lyrics to "The Continental", used in "The Gay Divorcee" (1934) starring Fred Astaire and Ginger Rogers. Magidson also co-wrote the lyrics to the 1937 Allie Wrubel song "Gone with the Wind" (no connection to the novel of the same name nor used in the 1939 film). Magidson received Oscar nominations for the songs, "Say a Prayer for the Boys Over There" from the film "Hers to Hold" (1943), and "I'll Buy
Academy Award for Best Original Song "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 Bird York's 2003 album "The Velvet Hour" after being written for "Crash", but before the film was released. The current Academy rule says an eligible song "must be recorded for use in the motion picture prior to any other usage", so recordings released prior to the film will