I don't know if this is relevant to this discussion, but if one posts drone footage on a site like youtube for free, and it eventually becomes so popular that youtube monetizes it, the FAA considers this "commercial use".
So if the drone operator (including "toy" drones) was flying "recreationally", meaning that they do not have an FAA pilot's license that has a rating for small unmanned aerial systems up to 55 pounds, they are in violation of the regulations and can get a substantial fine- regardless of the weight of the drone and regardless of where one was flying it (even over your own property) if any image or video (and/or probably telemetry) from the "aircraft" gets monetized or is otherwise used commercially in any way.
So if the drone operator (including "toy" drones) was flying "recreationally", meaning that they do not have an FAA pilot's license that has a rating for small unmanned aerial systems up to 55 pounds, they are in violation of the regulations and can get a substantial fine- regardless of the weight of the drone and regardless of where one was flying it (even over your own property) if any image or video (and/or probably telemetry) from the "aircraft" gets monetized or is otherwise used commercially in any way.