Limitations in Large Language Model (LLM) capabilities for hardware design tasks, such as generating functional Verilog codes, have motivated various fine-tuning optimizations utilizing curated hardware datasets from open-source repositories. However, these datasets remain limited in size and contain minimal checks on licensing for reuse, resulting in potential copyright violations by fine-tuned LLMs. Therefore, we propose an evaluation benchmark to estimate the risk of Verilog-trained LLMs to generate copyright-protected codes. To minimize this risk, we present an open-source Verilog dataset, FreeSet, containing over 220k files, along with the automated dataset curation framework utilized to provide additional guarantees of fair-use Verilog data. We then execute an LLM fine-tuning framework consisting of continual pre-training, resulting in a fine-tuned Llama model for Verilog, FreeV. Our results indicate that FreeV demonstrates the smallest risk of copyright-infringement among prior works, with only a 3% violation rate. Furthermore, experimental results demonstrate improvements in Verilog generation functionality over its baseline model, improving VerilogEval pass@10 rates by over 10%.