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Copyright on Older Materials



Most archives I've encountered, including ours, have policies requiring permission and/or fees for publication of any of their material (photos, paintings, etc.), regardless of the date of origin of the material.
 
However, what I've read of the applicable copyright law seems to state that materials published prior to 1964 are copyright for 28 years with a maximum total copyright, if renewed, of 95 years (past date of copyright or publication).  What is the legal basis for a library's charging for rights to materials older than 95 years?  I can see the legality of stating: "In order to get access to or a copy of this physical item, you must agree not to publish its intellectual content without our permission."  But this is rarely if ever stated beforehand.  Am I missing something obvious?
 
Thanks,
 
--Eli Naeher
  Lower Cape Fear Historical Society