Tarand says Mutt’s gamble over Viiding’s letters backfired

Writer Mihkel Mutt’s decision to publish Juhan Viiding’s farewell letters without his family’s permission has overshadowed his book, Viiding’s nephew Indrek Tarand said on ETV’s “Impulss”, ERR reported. The heirs have demanded that the book be removed from sale, citing copyright infringement.

“Yes, the book was bought and sold well, even though copyright permission had not been sought. But everyone is talking about Viiding’s text. No one is talking about Mutt’s book. That is a pretty harsh fate for a writer,” Tarand said.

Mutt’s book “Juhani evangeelium”, published in late September, caused a controversy after it emerged that it included letters Viiding wrote shortly before his death. Mutt had said he did not want to falsify history, but Tarand said the writer’s risky calculation had failed.

Tarand said the letters’ circulation began decades ago, after Viiding’s belongings were at the Juuru parsonage. He recalled asking then-pastor Jüri Bärg whether all of his late uncle’s belongings had been returned. Tarand alleged that Bärg said they had, but had in fact made copies of the letters and sold them. Tarand said the letters began circulating about 30 years ago.

Writer and attorney Silvia Urgas said a farewell letter can qualify as a copyrighted work if it results from the author’s intellectual activity or expression. She said the rights belong to the heirs for 70 years after the creator’s death. In this case, she added, the letters had not been published by Viiding or his heirs: for something to count as published, the public must have had a way to access or obtain it.

Journalist Ylle Rajasaar said Mutt’s decision not to seek permission was regrettable. She argued that the letters should not have been published and said the author could have asked people close to Viiding whether the letters were intended as a public farewell. “If someone has entrusted you with what is most precious to them, their work, you have a responsibility to handle it gently,” she said.

Writer and director Jim Ashilevi said an artist’s status does not place them above the law or basic empathy, and noted the impact of suicide on relatives, friends and the wider community. Musician Robert Linna also said it was unethical to use someone’s work without permission. He said he had contacted the heir of Mikk Targo before using a song by Targo and Kaari Sillamaa on his album.