That doesn't even look like any foul to me. Kobe's picking up the ball to pass to Fish. There's no follow-through on the elbow, notice it barely clips Jameer and stops right there. There ain't no swinging of the elbows, and it looks like somebody just picking up a basketball for an overhead pass.
This is more of Jameer running into Kobe's space; as somebody else mentioned, check out Jameer's feet. Kobe was already set, Jameer was not as he ran into the play, if there's a foul to be called, it would be on Jameer.