Although Madonna picked up a Golden Globe nomination for Best Original Song for ‘Masterpiece,’ a song from her movie ‘W.E.,’ she won’t be repeating the feat at the Oscars, because the Academy has removed the song from the list of eligible contenders, due to a technicality.

Oscar rules stipulate that in order to be eligible for Best Original Song, a track must be written for the film and must appear either during the movie itself or as the first song played during the closing credits. It turns out that ‘Masterpiece’ is the second song played during the end credits, so it was not included on the Academy’s official list of 39 song contenders.

The rule is obviously an attempt to keep artists from scoring cheap Oscar nominations by sneaking into the credits a song that had nothing to do with the movie. In this case, the rule appears to have prevented a legitimate contender from competing for the award.

The list of eligible songs includes Elton John‘s ‘Hello Hello,’ Mary J. Blige‘s ‘Living Proof,’ three tunes from ‘The Muppets,’ and the ‘Rio’ song ‘Hot Wings,’ performed by will.i.am, Jamie Foxx and Anne Hathaway.