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If I submit a scientific article under the CC-BY license to arXiv, can I license derivative works (later peer-reviewed versions of the article) under the CC-BY-NC-ND license? I am dealing with Elsevier's Biomedical Signal processing and Control, which according to Sherpa requires the latter for their open access publications. I then need to be careful about which license I choose for the submitted first version.

The CC-BY 4.0 legal code states the following under Section 3.a.4:

If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

The additional restrictions NC and ND of CC-BY-NC-ND do not seem the prevent attribution required by CC-BY, but am I overlooking something?

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  • While that question is nominally about the GPL, the same answer applies to any other license. Aug 9, 2023 at 7:22
  • It seems to. So as a copyright holder, any modifications I make are not considered derivative works, and therefore the license does not apply to me.
    – sesodesa
    Aug 9, 2023 at 8:00
  • But then again, the publisher might need to make changes to better suit the publication, which would make it a derivative work, unless I had already resigned copyright to them.
    – sesodesa
    Aug 9, 2023 at 8:02
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    @sesodesa If you make modifications to your own work, then technically that's probably a derivative work, but since its your own work and since you generally control the copyright to your own work, then you don't need permission to prepare such derivative works. It may be different legally if you're working with a publishing house that requires that you assign copyrights to it, or as part of a contractual agreement (e.g. if you write something under employment, then depending on local laws, that thing that you wrote has copyright assigned to the contractual employer by default).
    – Brandin
    Aug 9, 2023 at 9:27

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