Why not let authors choose which CC license to use on their accepted manuscript?
Authors who choose to publish gold open access with Elsevier are offered their choice of two CC licenses. We don’t offer this choice on self-archived subscription manuscripts and instead use a non-commercial CC-BY-NC-ND license. Green open access must work in harmony with the pay-to-read (subscription) business model and subscriptions are important for the sustainability of many journals, so the use of a non-commercial CC license is in place as an important safeguard. Surveys show that authors often choose NC ND of their own volition.