One of the pictures above is "Redhead Girl - Ballpoint Pen" by Samuel Silva and one is a photograph.
Mr. Silva is a lawyer. He draws as a hobby. He is skilled in many mediums but is currently exploring bic pens. In his own words: "Ballpoint pens are as underestimated as they are a powerful medium. It's not about what you use, it's about how you use it."
A lot of people think this picture is faked/shopped but it isn't. Silva's bic pen works utilize a style of art known as pointillism, a "technique in which a multitude of small colored dots are applied to the canvas that, when seen from a distance, create an optical blend of hues." [wiki]
For the above work, Silva used seven different colored ballpoint pens which took some 30 hours to finish. To create such vibrant colors, Silva “cross hatches” in layers to give off the illusion of additional hues and depth.
So which is which? The second one is the pen art. Here is Samuel Silva's website. Here are some more works by Samuel Silva using bic pens.