That's not how Fair Use works, not entirely. That'd certainly be a factor in determination (probably under the fourth factor), but the analysis doesn't stop there. I don't believe that the first factor even considers situations like this, and so it is unlikely to be transformative (not all transformative uses are fair uses, just like not all non-transformative uses are unfair uses)
Zell stated that he was the one to buy it and upload it here (see my post you are replying to). If somehow someone different was served, well then, good for Zell, bad for that other person, who will have to assert he was the wrong party
Zell paid him the dollar, so really any loss is only if someone actually viewed this on here