Cite as: 523 U. S. 340 (1998)
Opinion of the Court
Appeals held that § 504(c) does not grant a right to a jury determination of statutory damages. The court reasoned that "[i]f Congress intended to overrule Krofft by having the jury determine the proper award of statutory damages, it would have altered" the language "as the court considers just" in § 504(c). 106 F. 3d, at 293. The Court of Appeals further concluded that the "Seventh Amendment does not provide a right to a jury trial on the issue of statutory damages because an award of such damages is equitable in nature." Ibid. We granted certiorari. 521 U. S. 1151 (1997).
II
Before inquiring into the applicability of the Seventh Amendment, we must " 'first ascertain whether a construction of the statute is fairly possible by which the [constitutional] question may be avoided.' " Tull v. United States, 481 U. S. 412, 417, n. 3 (1987) (quoting Curtis v. Loether, 415 U. S. 189, 192, n. 6 (1974)). Such a construction is not possible here, for we cannot discern "any congressional intent to grant . . . the right to a jury trial," 481 U. S., at 417, n. 3, on an award of statutory damages.4
The language of § 504(c) does not grant a right to have a jury assess statutory damages. Statutory damages are to be assessed in an amount that "the court considers just." § 504(c)(1). Further, in the event that "the court finds" the infringement was willful or innocent, "the court in its discretion" may, within limits, increase or decrease the amount of
no other case exceed the sum of [$5,000] nor be less than the sum of [$250] . . ." Act of Mar. 4, 1909, § 25(b), 35 Stat. 1081 (later amended and codified at 17 U. S. C. § 101(b)).
4 The Courts of Appeals have unanimously held that § 504(c) is not susceptible of an interpretation that would avoid the Seventh Amendment question. See, e. g., Cass County Music Co. v. C. H. L. R., Inc., 88 F. 3d 635, 641 (CA8 1996); Video Views, Inc. v. Studio 21, Ltd., 925 F. 2d 1010, 1014 (CA7 1991); Gnossos Music v. Mitken Inc., 653 F. 2d 117, 119 (CA4 1981); see also Oboler v. Goldin, 714 F. 2d 211, 213 (CA2 1983); 4 M. Nimmer & D. Nimmer, Nimmer on Copyright § 14.04[C] (1997).
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