You may not use ANY editing tool to move, remove or duplicate any element of your photograph that would change a typical viewer's description of the photograph (aside from color), even if the tool is otherwise legal, and regardless of whether you intended the change when the photograph was taken.
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I like the red and black. What I see that bothers me is it looks like you cut the image out of another photo and pasted it onto the red background. Masking out hair can be tricky and takes practice.