Copyright infringement is primarily a civil offense however
there are options to prosecute criminally in the case of "willful
and deliberate" acts of infringement.
Ignorance of the existence of copyright is not a viable defense
to infringement. If an author is convicted of copyright
infringement the publisher can be held liable for contributory
infringement if it can be shown that they had knowledge of the
infringement prior to publication. If, by a preponderance of the
evidence, infringement can be shown then yes a damages award to the
copyright holder can be granted.